J  S 

956 


IC-NRLF 


SB    25    TD3 


GIFT  OF 


CHARTER 


City  of  Jackson,  Mich. 


1914 


Proposed 

New  Charter 


OF  THE 


City  of  Jackson 
Michigan 


(7)  Public  hearings  must  be  had  upon  all  appropriations. 

(8)  The  city  is  safeguarded  in  franchise  matters. 

(9)  Eight  hours  constitute  a  day's  labor  upon  all  public  works. 

(10)  All  assessments  are  made  by  a  single  Assessor,  thus  pro- 
moting uniformity  and  equal  treatment  throughout  the  city.     Fair- 
ness and  equality  are  established  in  assessing  for  sewers  and  other 
local  improvements. 

(11)  The   cost    of    pavements,    except    street    intersections,    is 
borne  by  the  abutting  property  owners.     This  is  the  rule  in  many 
of  the  larger  cities  and  seems  to  be  just,  and  makes   for  a  more 
rapid  development  of  the  city.     We  realize,  however,  that  there  may 
be  a  difference  of  opinion  upon  this  subject  and  have,  therefore,  sub- 
mitted an  amendment  providing  that  in  addition  to  intersections,  the 
city  shall  pay  two-fifths  of  the  cost  of  pavements.     Those  in  favor 
of  the  city  paying  for  intersections  only  should  vote  "Yes"  on  the 
Charter  and  "No"  on  the  amendment,  and  those  in  favor  of  the  city 
paying  for  intersections  and  also  two-fifths  of  the  remainder  of  the 
cost  should  vote  "Yes"  on  the  Charter  and  "Yes"  on  the  amendment. 
If  the  amendment  be  adopted,  it  supercedes  the  provision   in  the 
body  of  the  Charter. 

In  the  interest  of  a  progressive  and  greater  Jackson,  we  unani- 
mously recommend  the  adoption  of  this  Charter. 

THE  CHARTER  COMMISSION. 


CHARTER 

OF  THE 

City  of  Jackson,  Michigan 


We,  the  people  of  the  City  of  Jackson,  Michigan,  in 
order  to  obtain  the  benefits  of  home  rule,  to  encourage 
more  direct  and  business-like  methods  in  the  transaction 
of  our  municipal  affairs  and  otherwise  to  promote  our 
common  welfare,  do  adopt  the  following  charter: 

POWERS  OF  THE  CITY 

(1)  The  inhabitants  of  the  City  of  Jackson,  Michigan, 
as   its  limits  now  are  or  hereafter  may  be  established, 
shall  continue  to  be  a  body  politic  and  corporate  to  be 
known  as  "The  City  of  Jackson,"  and  by  that  name  may 
contract,  sue  or  be  sued,  and  may  have  a  common  seal, 
and  may  purchase,  hold,  appropriate,  lease,  convey  and 
dispose  of  any  real  and  personal  property,  for  corporate 
purposes,  and  shall  have,  exercise  and  enjoy  such  cor- 
porate powers  as  are  conferred  by  this  charter,  together 
with  such  implied  and  incidental  powers  as  are  possessed 
by    municipal    corporations    in     this     state.     The     City 
may  exercise  all  municipal  powers  in  the  management 
and  control  of  municipal  property  and  in  the  administra- 
tion of  the  municipal  government,  whether  such  powers 
be  expressly  enumerated  or  not,  and,  subject  to. the  con- 
stitution and  general  laws  of  the  state  and  provisions  of 
this  charter,  may  do  any  act  to  advance  the  interest  of  the 
City,  the  good  government  and  prosperity  of  the  munici- 
pality and  its  inhabitants,  and  pass  all  laws  and  ordi- 
nances relating  to  municipal  concerns. 

BOUNDARIES 

(2)  Sec.  1.     So  much  of  the  County  of  Jackson  as  is 
embraced  in  the  east  half  of  section  thirty-three   (33), 
sections  thirty-four  (34)   and  thirty-five   (35),  the  west 


half  of  section  thirty-six  (36),  the  southwest  quarter  of 
section  twenty-five  (25),  the  south  half  of  sections  twen- 
ty-six (26)  and  twenty-seven  (27),  and  the  southeast 
quarter  of  section  twenty-eight  (28),  all  in  township  two 
(2)  south,  of  range  one  (1)  west,  and  in  the  west  half  of 
section  one  (1),  sections  two  (2)  and  three  (3),  the  east 
half  of  section  four  (4),  the  northeast  quarter  of  section 
nine  (9),  the  north  half  of  sections  ten  (10)  and  eleven 
(11),  and  the  northwest  quarter  of  section  twelve  (12), 
all*  in  township  three  (3)  south,  of  range  one  (1)  west, 
shall  embrace  the  territorial  limits  of  the  City. 

(3)  Sec.  2.     The  City    shall    be    divided    into    eight 
wards,  numbered  as  at  present,  and  the  boundaries  of 
which  shall  be  as  now  established.  0 

(4)  Sec.  3.     The  City  Commission  shall  by  ordinance 
from  time  to  time  establish  one  or  more  convenient  vot- 
ing precincts  in  each  ward.    Until  the  City  Commission 
shall  otherwise  order,  the  voting  precincts  shall  continue 
as  now  established. 

ELECTIVE  OFFICIALS 

(5)  Sec.  1.     There  shall  be  a  Mayor  to  be  elected  at 
large  for  a  term  of  two  years,  whose  term  of  office  shall 
begin  on  the  first  day  of  January  of  all  even  numbered 
years :  Provided,  however,  that  the  term  of  the  first  Mayor 
to  be  elected  under  this  charter  shall  commence  on  the 
first  day  of  January,  1915,  and  shall  end  one  year  there- 
after. 

(6)  Sec.   2.     There   shall   be   five    Commissioners   of 
whom  the  Mayor  shall  be  one.     The  other  four  shall  be 
elected  at  large  for  terms  of  four  years.     Their  terms  of 
office  shall  commence  on  the  first  day  of  January  of  the 
even  numbered  years :  Provided,  however,  that  two  of  the 
Commissioners  to  be  first  elected  under  this  charter  shall 
hold  office  for  the  term  of  one  year,  commencing  January 
first,   1915,  and  two  of  said   Commissioners   shall  hold 
office  for  the  term  of  three  years,  commencing  January 
first,  1915. 

(7)  Sec.  3.     There  shall  also  be  one  Justice  of  .the 
Peace  and  one  Police  Judge  to  be  elected  as  hereinafter 
provided. 

(8)  Sec.  4.     All  elective  officials  shall  hold  office  until 
their  successors  have  duly  qualified. 

(2) 


VACANCIES 

(9)  Sec.  1.     Any  vacancy  in  the  City  Commission,  or 
in  the  office  of  Mayor,  Justice  of  the  Peace  or  Police 
Judge,  except  as  otherwise  provided  in  this  charter,  shall 
be  filled  temporarily  by  the  City  Commission  by  the  vote 
of  at  least  three.  The  City  Commission  shall  call  an  elec- 
tion to  fill  such  vacancy  at  the  first  regular  election,  mu- 
nicipal or  general,  prior  to  which  there  is  time  to  take 
the   necessary  steps,  and   the  person  appointed   in  the 
meanwhile  shall  hold  only  until  his  successor  has  duly 
qualified. 

(10)  Sec.  2.     If  by  reason  of  resignation,  death,  fail- 
ure to  elect  or  other  circumstances,  three  or  more  vacan- 
cies exist  at  the  same  time  in  the  City  Commission,  or  if' 
the  City  Commission  fails  to  fill  any  vacancy  within  ten 
days  after  the  same  occurs,  then  the  City  Supervisors 
shall  convene  at  the  call  of  the  City  Clerk  and  by  a  ma- 
jority vote  of  the  members  thereof  forthwith  make  such 
number  of  appointments  as  may  be  necessary  to  consti- 
tute a  City  Commission  of  five  qualified  members.     The 
City  Clerk  shall  act  as  the  clerk  of  said  meeting  of  the 
City  Supervisors  and  shall  cause  a  certificate  of  its  action 
to  be  entered  on  the  journal  of  the  City  Commission. 

(11)  Sec.  3.     If  any  elective  officer  shall  cease  to  be  a 
resident  of  this  City  or  if  he  shall  become  a  defaulter  to 
the  City  his  office  shall  be  thereby  vacated. 

OATHS  OF  OFFICE 

(12)  The  Justice  of  the  Peace  shall  take  and  file  an 
oath  of  office  with  the  County  Clerk  of  the  County  of 
Jackson,  within  the  same  time  and  in  the  same  manner  as 
in  cases  of  justices  of  the  peace  elected  in  townships. 
All  other  officers  elected  or  appointed  in  the  City  shall, 
within  ten  days  after  receiving,  notice  of  their  election 
or  appointment,   take  and   subscribe  the   oath  of   office 
prescribed  by  the  constitution,  and  file  the  same  with  the 
City  Clerk. 

CITY  COMMISSION— GENERAL  PROVISIONS 

(13)  Sec.  1.     All  the  powers  of  the  City,  except  as 
herein  otherwise  provided,  are  hereby  vested  in  the  City 
Commission,  which  shall  consist  of  the  five  Commission- 
ers, including  the  Mayor. 

(3) 


(14)  Sec.  2.     The  City  Commission  shall  hold  regular 
or  stated  meetings  at  least  one  each  week.     Special  meet- 
ings may  be  called  at  any  time  by  the  Mayor  or  by  two 
other  Commissioners.     The   City  Clerk  shall  notify   all 
members  of  the  City  Commission  of  any  special  meeting, 
personally,  by  telephone,  or  shall  cause  a  notice  thereof 
to  be  served  upon  them,  in  either  case  at  least  two  hours 
before  the  time  of  the  meeting.     The  first  meeting  of  the 
City  Commission  shall  be  held  on  the  second  day  of  Jan- 
uary, 1915,  at  eight  o'clock  in  the  evening  at  the  council 
chambers.     All  meetings  of  the   City  Commission   shall 
be  public. 

(15)  Sec.  3.     Three  members  of  the  City  Commission 
shall  constitute  a  quorum.     Except  as  may  be  otherwise 
provided  in  this  charter,  no  action,  other  than  adjourn- 
ment, shall  be  taken  by  the  City  Commission  except  upon 
the  affirmative  vote  of  three  members  thereof. 

(16)  Sec.  4.     The  Mayor  shall  be  the  presiding  officer 
of  the  City  Commission.     The  City  Clerk  shall  be  clerk 
of  the  City  Commission  and  sh#ll  keep  a  journal  of  its 
proceedings  in  the  English  language. 

(17)  Sec.  5.     The  City  Commission  may  appoint  such 
committees  and  may  adopt  such  rules  of  procedure  and 
by-laws  as  may  seem  expedient,  not  inconsistent  with 
this  charter  or  the  general  laws. 

(18)  Sec.    6.     The    City    Commission    shall    be    sole 
judge  of  the  election  and  qualifications  of  its  own  mem- 
bers. 

(19)  Sec.  7.     No  money  shall  be  appropriated  except 
by  ordinance  or  resolution.    The  vote  upon  all  ordinances 
and  resolutions  and  in  allowing  bills  shall  be  taken  by 
yeas  and  nays  and  recorded.     In  the   case  of  appoint- 
ment of  officers  the  vote  shall  be  by  ballot. 

(20)  Sec.  8.     Within  five  days  after  any  meeting  of 
the  City  Commission  the  substance  of  all  the  proceed- 
ings and  votes  taken   shall  be  published  in  one  of  the 
newspapers  of  the  City. 

(21)  Sec.  9.     No  member  of  the  City  Commission  or 
any  administrative  officer  of  the  City  shall  be  interested 
directly  or  indirectly  in  the  profits  of  any  contract,  job, 
work  or  services,  other  than  official  services,  to  be  per- 
formed for  the  City.    Any  member  of  the  City  Commis- 
sion  or   officer   of   the    City   herein    specified    offending 
against  the  provisions  of  this  section,  shall,  upon  convic- 

(4) 


tion  thereof,  be  fined  not  more  than  five  hundred  dollars, 
or  be  imprisoned  not  more  than  ninety  days,  or  both,  in 
the  discretion  of  the  court,  and  shall  forfeit  his  office. 
Any  contract  made  in  violation  of  this  provision  shall  be 
void. 

(22)  Sec.  10.     The  City  Commission  shall  have  con- 
trol  of   the   finances   and  of   all   the  property,  real   and 
personal,  of  the  City,  except  as  may  be  otherwise  pro- 
vided by  this  charter. 

MAYOR 

(23)  Sec.  1.     The  Mayor  shall  be  the  chief  executive 
officer  of  the   City.     He   shall  be   a  conservator  of  the 
peace  and  as   such   may  exercise,  within   the   City,  the 
powers  conferred  upon  sheriffs  to  suppress  disorder  and 
shall  have  the  power  to  command  the  assistance  of  able 
bodied  citizens  to  aid  in  the  enforcement  of  law  and  to 
suppress  riot  and  disorderly  conduct. 

(24)  Sec.  2.     He  shall  authenticate  by  his  signature 
all  ordinances  or  resolutions  passed  by  the  City  Com- 
mission, but  shall  not  have  the  power  of  veto.     He  shall 
countersign  all  warrants  for  the  payment  of  money  when 
the  same  are  duly  authorized  by  the  City  Commission. 

(25)  Sec.  3.     The  City  Commission  shall  choose  from 
among  their  number  a  Vice-Mayor,  who  shall  perform 
all  the  duties  of  the  Mayor,  when,  on  account  of  absence 
from  the  City  or  otherwise,  he  is  temporarily  unable  to 
perform  the  duties  of  his  office,  or  in  case  of  a  vacancy  in 
the  office  of  Mayor,  until  such  vacancy  is  filled  by  the 
City   Commission.     In   case  both   the   Mayor  and   Vice- 
Mayor  are  unable,  temporarily,  to  perform  the  duties  of 
the  office,  another  member  of  the  City  Commission  shall 
be  chosen  to  act. 

APPOINTIVE  OFFICIALS 

(26)  Sec.   1.     The   City  Commission   shall   appoint  a 
City  Manager,  a  City  Clerk,  a  Treasurer,  a  City  Attorney, 
a  City  Physician,  a  Health  Officer,  a  Sanitary  Inspector, 
oii€  City  Supervisor  from  each  ward  (one  of  whom  shall 
be    designated    as   the    Assessor),    and    one    or    more 
Building    Inspectors,    all    of    whom    shall    hold    office 
at   the   pleasure    of   the    City    Commission.        The    City 
Commission  shall  also  provide  by  ordinance  for  the  ap- 
pointment of  a  City  Sealer  of  Weights  and   Measures, 

(5) 


whose  powers  and  duties  shall  be  as  provided  by  the 
general  laws  or  by  ordinance  not  inconsistent  with  the 
general  laws. 

(27)  Sec.  2.     The  City  Manager,  in  consultation  with 
the  City  Commission  and  with  its  approval,  shall  appoint 
a  Chief    of    Police,    a    Chief    of    the    Fire    Department, 
and   such   other   minor  officials,    subordinates   or   clerks 
as  may  be  determined  by  the   City  Commission  to  be 
necessary   to   properly   conduct   the   business   or   public 
works  of  the  City,  and  shall  make  appointments  to  all 
positions  for  which  no   other  mode  of  appointment  is 
provided.     All  such  appointees,  except  as  otherwise  pro- 
vided in  this  charter,  may  be  removed  by  the  City  Man- 
ager at  will. 

EMPLOYMENT  OF  LABORERS 

(28)  Sec.  1.     All  laborers  needed  on  the  public  works 
of  the  City,  not  let  by  contract,  shall  be  employed  by  the 
City  Manager  and  may  be  discharged  by  him  at  will. 
Except  in  the  case  of   skilled  laborers,   not  obtainable 
within  the  City,  only  bona  fide  residents  of  the  City  shall 
be  employed,  whether  the  work  be  done  by  the  City  or 
by  contract;  provided,  they  can  be  obtained  at  the  going 
wage. 

(29)  Sec.    2.     Eight   hours    shall   constitute   a   day's 
labor  on  all  public  works,  except  in  cases  of  emergency. 

CITY   MANAGER— POWERS   AND    DUTIES 

(30)  Sec.  1.     The  City  Manager  shall  have  charge  of 
the  administration  of  municipal  affairs  under  the  direc- 
tion and  supervision  of  the  City  Commission. 

(31)  Sec.  2.     He  shall  designate  one  of  his  subordi- 
nates as  Assistant  Manager,  who,  unless  it  is  otherwise 
provided  by  the  City  Commission,  shall  perform  all  the 
duties  of  the  City  Manager  in  case  of  his  absence  from 
the  City  or  temporary  disability. 

(32)  Sec.  3.     He  shall  manage  and  supervise  all  pub- 
lic improvements,  works  and  undertakings  of  the  City 
except  as  otherwise  provided  in  this  charter.     He  shall 
have  charge  of  the  construction,  repair  and  maintenance 
of  streets,  sidewalks,  bridges,  pavements,  sewers  and  of 
all  public  buildings  or  other  property  belonging  to  the 
City.     He  shall  manage  and  control  all  the  city  utilities 
and  shall  be  charged  with  the  preservation  of  property, 

(6) 


tools  and  appliances  of  the  City.  He  shall  have  charge 
of  the  cleaning,  sprinkling  and  lighting  of  streets  and 
public  places. 

(33)  Sec.  4.     It  shall  be  the  further  duty  of  the  City 
Manager,  except  as  otherwise  provided  in  this  charter : 

(a)  To  take  active  control  of  the  fire,  police  and  engi- 
neering  departments   of   the   City   and   to   engage   such 
assistants  therein  as  shall  be  provided  for  in  this  charter 
or  by  the  City  Commission. 

(b)  To  see  that  all  terms  and  conditions  imposed  in 
favor  of  the  City  or  its  inhabitants  in  any  public  franchise 
are  faithfully  kept  and  performed  and  that  ordinances 
and  laws  relating  to  the  City  are  enforced. 

(c)  To  attend  all  meetings  of  the  City  Commission, 
with  the  right  to  take  part  in  the  discussions,  but  having 
no  vote. 

(d)  To  recommend  to  the  City  Commission  for  adop- 
tion such  measures  as  he  may  deem  necessary  or  ex- 
pedient. 

(e)  To  prepare  the  annual  budget  and  to  keep  the 
City  Commission  fully  advised  as  to  the  financial  condi- 
tion and  needs  of  the  City. 

(f)  To  exercise  and  perform  all  administrative  func- 
tions that  are  not  imposed  by  this  charter  or  by  act  of  the 
City  Commission  upon  some  other  official. 

(g)  To  perform  all  other  duties  prescribed  by  this 
charter  or  required  of  him  by  the  City  Commission. 

CITY  CLERK 

(34)  Sec.  1.     The  City  Clerk  shall  keep  the  corporate 
seal  and  have  custody  of  all  papers  filed  in  or  pertaining 
to  his  office.  He  shall  issue  all  licenses,  when  authorized, 
and  perform  such  other  duties  as  shall  be  prescribed  by 
this  charter  or  by  the  City  Commission. 

(35)  Sec.   2.     The   City   Clerk   shall  be   the  general 
accountant  of  the  City  and  all  claims  against  the  City 
shall  be  filed  with  him  for  adjustment.     After  examina- 
tion thereof  he  shall  report  the  same,  with  all  accompany- 
ing vouchers  and  counter  claims  of  the  City  and  the  true 
balance  as  found  by  him,  to  the  City  Commission,  for  al- 
lowance, and  when  allowed  shall  draw  his  warrant  upon 
the   Treasurer   for   the    payment    thereof,     designating 
thereon  and  fund  from  which  payment  is  to   be  made, 
and  take  proper  receipt  therefor;  but  no  warrant  shall 

(7) 


be  drawn  upon  any  fund  after  the  same  has  been  ex- 
hausted. No  warrant  shall  be  valid  until  countersigned 
by  the  Mayor.  When  any  tax  or  money  shall  be  levied, 
raised  or  appropriated,  the  City  Clerk  shall  report  the 
amount  thereof  to  the  Treasurer,  stating  the  objects 
and  funds  for  which  it  is  levied,  raised  or  appropriated, 
and  the  amounts  thereof  to  be  credited  to  each  fund. 

(36)  Sec.  3.     He  shall  exercise  the  powers  of  town- 
ship clerks  so  far  as  the  same  are  to  be  performed  within 
the  City.     He  shall  have  authority  to  administer  oaths. 
He  shall  be  the  custodian  of  the  ballot  boxes,  ballots  and 
all  property  pertaining  to  elections,  except  voting  ma- 
chines, which  shall  be  required  by  law  to  be  kept  by  the 
City. 

(37)  Sec.  4.     The  City  Clerk  shall  have  charge  of  all 
books,    vouchers    and    documents    relating   to    accounts, 
contracts,   debts   and   revenues   of  the    City.     He    shall 
countersign  all  bonds  issued,  and  keep  a  list  of  all  prop- 
erty and  effects  belonging  to  the  City,  and  of  all  its  debts 
and  liabilities.     He  shall  keep  a  complete   set  of  books 
exhibiting  the  financial  condition  of  the  City  in  all  its 
departments,  its  funds,  resources  and  liabilities,  with  a 
proper  classification  thereof  and  showing  the  purpose  for 
which  each  fund  was  raised.     He  shall  keep  an  account 
with  the  Treasurer  in  which  he  shall  charge  the  Treas- 
urer with  the  amounts  of  all  the  assessment  rolls  of  the 
City  and  all  rolls  for  water  rates,  that  may  be  placed  in 
the  hands  of  the  Treasurer  for  collection,    and    with    all 
moneys  received  from  any  source  for  each  of  the  several 
funds  of  the  City,  and  credit  the  Treasurer  with  all  the 
warrants  drawn  thereon  that  may  be  paid  by  him,  keep- 
ing a  separate  account  with  each  fund.     When  any  fund 
has   been   exhausted   the    City    Clerk    shall    immediately 
advise  the  City  Commission  thereof. 

(38)  Sec.  5.  .  He  shall  hand  to  the  City  Commission, 
at  its  first  regular  meeting  in  each  month,  a  statement 
showing  the  condition"  of  the  funds  of  the  City  and  when 
and  for  what  required,  and  a  detailed  statement  of  the  re- 
ceipts, expenditures  and  financial  condition  of  the  City ; 
all  the  debts  to  be  paid  and  moneys  required  to  meet  the 
estimated  expenses  of  the  City. 

(39)  Sec.  6.     He  shall  appoint,  subject  to  the  approval 
of  the  City  Commission, .a  Deputy  Clerk,  who  shall  hold 
office  during  the  pleasure  of  the  City  Clerk  and  who  shall 

(8) 


receive  a  salary  to  be  fixed  by  the  City  Commission.  The 
Deputy  Clerk  shall  exercise,  in  the  case  of  the  absence, 
death  or  temporary  disability  of  the  City  Clerk,  all  of  his 
powers  and  duties. 

TREASURER 

(40)  Sec.  1.     The  Treasurer  shall  receive  and  have 
the  custody  of  all  moneys  belonging  to  and  receivable 
by    the    City.       He    shall    keep    an    accurate    account 
of  all  receipts  and  disbursements.     For  all  moneys  re- 
ceived by  him,  except  for  general  or  special  taxes,  he 
shall  give  duplicate  receipts,  one  to  the  party  paying  the 
money  and  the  other  to  the  City  -Clerk,  specifying  the 
purpose  for  which  the  money  was  paid  and  the  fund  or 
account  to  which  it  belongs.     He  shall  pay  no  money 
out  of  the  treasury,  except  on  a  warrant  duly  drawn  and 
countersigned  by  the  Mayor.     Each  warrant  shall  specify 
the  purpose  for  which  the  amount  thereof  is  to  be  paid, 
and  the  fund  or  account  to   which  the   same  is  to  be 
charged,  except  that  on  the  first  day  of  March  in  each 
year,  or  within  ten  days  thereafter,  he  shall  pay  over  to 
the  County  Treasurer  the  amount  of  all  state  and  county 
taxes  collected  by  him.    The  fee  provided  by  law  for  col- 
lecting state,  county  and  school  taxes  shall  belong  to 
the  City.     The  Treasurer  shall  perform  such  other  duties 
as  this  charter  or  the  City  Commission  may  prescribe. 

(41)  Sec.   2.     Subject   to   the   approval   of  the   City 
Commission,  the  Treasurer  shall  appoint  such  clerks  or 
assistants  as  may  be  necessary  to  transact  the  business  of 
his  department.     Their  salaries  shall  be  fixed  by  the  City 
Commission. 

SCHOOL  INSPECTORS 

(42)  The  members  of  the  Board  of  Education  of  the 
Union  School  District  of  the  City  shall  be  ex-officio  the 
school  inspectors  of  the  City,   and  shall  perform  such 
duties  for  the  City  and  for  the  public  schools  as  are  re- 
quired of  school  inspectors  elected  in  townships  so  far 
as   such   duties  are   applicable.     They  shall   receive  no 
compensation  from  the  City. 


(9) 


SUPERVISORS 

(43)  Sec.    1.     There    shall    be   one   Supervisor   from 
each  ward,  including  the  one  designated  as  Assessor,  all 
of  whom  shall  be  appointed  by  the  City  Commission  dur- 
ing the  month  of  January  of  each  year,  and  who  shall  as- 
sume their  offices  on  the  first  day  of  February  of  each 
year  and  continue  in  office  during  the  pleasure  of  the  City 
Commission,  not  to  exceed  one  year  thereafter  unless  re- 
appointed.    Vacancies  may  be  filled  by  the  City  Commis- 
sion at  any  time. 

(44)  Sec.  2.     Said  Supervisors    shall    represent    the 
City  on  the  Board  of  Supervisors  of  Jackson  County  and 
shall  perform  such  other  duties  as  the  Supervisors  of 
townships,  under  the  general  laws,  are  required  to  per- 
form, except  as  those  duties  are  delegated  by  this  char- 
ter to  the  Assessor  or  other  officials.    They  shall  perform 
such  other  duties  as  may  be  required  by  this  charter  or 
by  the  City  Commission. 

CITY  ATTORNEY 

(45)  The  City  Attorney  shall  be  the  legal  adviser  of 
all  the  City  officials.     He  shall  represent  the  City  in  all 
legal  proceedings  or  matters  in  which  the  City  is  inter- 
ested. He  shall  prosecute  offenses  against  the  ordinances 
of  the  City  and  shall  attend  the  meetings  of  the  City 
Commission,  when  required  by  the  City  Commission. 

PURCHASING  AGENT 

(46)  Sec.  1.     The  City  Commission  shall  designate 
some  officer  of  the  City,  other  than  the  Treasurer,  to  act 
as  its  Purchasing  Agent,  by  whom  all  purchases  of  sup- 
plies for  the  City  shall  be  made  and  who  shall  approve 
of  vouchers  for  the  payment  of  the  same.     Such  Purchas- 
ing Agent  shall  also  conduct  all  sales  of  personal  property 
which  the  City  Commission  may  authorize  to  be  sold,  on 
account  of  having  become  unnecessary  or  unfit  for  the 
City's  use. 

(47)  Sec.  2.     All  purchases  and  sales  shall  conform 
to  such  regulations  as  the  City  Commission  may  from 
time  to  time  prescribe,  but  in  any  case  if  an  amount  in 
excess  of  five  hundred  dollars  is  involved,  opportunity 
for  free  competition  shall  be  given.     He  shall  see  to  the 
delivery  of  supplies  to  each  department.     Unless  the  City 

(10) 


Commission  shall  otherwise  provide  the  City  Manager 
shall  act  as  such  Purchasing  Agent. 

SALARIES 

(48)  Sec.  1.     The    Mayor    shall    receive    an    annual 
salary   of  $750.00   and   the   other    Commissioners    shall 
each  receive  an  annual  salary  of  $500.00,  payable  in  each 
case  in  monthly  installments. 

(49)  Sec.  2.     The  City  Commission  shall  fix  by  ordi- 
nance the  salary  or  rate  of  compensation  of  all  regular 
officers  and  employes  of  the  City  entitled  to  compensa- 
tion, other  than  their  own,  except  as  otherwise  provided 
in  this  charter. 

(50)  Sec.  3.     The  wages  of  laborers  and  casual  em- 
ployes, unless  otherwise  provided,  shall  be  fixed  by  the 
City  Manager,  subject  to  the  approval  of  the  City  Com- 
mission.    The  salaries  of  all  officials  and  employes  whose 
offices  or  positions  are  continued  in  this  charter  shall 
remain  as  now  fixed  until  otherwise  determined. 

OFFICIAL  BONDS 

(51)  Sec.  1.     The  Mayor  and  Commissioners,  before 
entering  upon  the  duties  of  their  offices,  shall  each  give 
a  bond  for  the  faithful  performance  of  their  respective 
duties,  in  the  sum  of  ten  thousand  dollars,  said  bond  to 
be  approved  by  the  Justice  of  the  Peace  and  filed  with 
the  City  Clerk. 

(52)  Sec.  2.     The  City  Commission  shall  require  the 
Treasurer,  City  Clerk  and  City  Manager  to  give  bonds 
for  the  faithful  performance  of  their  respective  duties 
and  the  accounting  for  all  the  moneys  or  property  of  the 
City  which  may  come  into  their  hands,  in  such  amounts 
as  it  may  determine,  to  be  approved  by  said  City  Commis- 
sion, and  it  may  provide  that  any  other  officer  or  employe 
of  the  City  shall  give  like  bonds.    All  such  bonds  when 
approved  by  the  City  Commission  shall  be  filed  with  the 
City  Clerk,  except  the  bond  of  the  City  Clerk  which  shall 
be  filed  with  the  Treasurer. 

(53)  Sec.  3.     All  bonds  required  of  City  officials  shall 
be  those  of  surety  companies  authorized  to  do  business 
in  this  state,  provided  such  bonds  can  be  obtained,  and 
the  premiums  therefor  shall  be  paid  out  of  the  city  treas- 
ury. 

(11) 


QUALIFICATIONS  OF  CITY  OFFICIALS 

(54)  Sec.  1.     No  person  shall  be  elected  or  appointed 
to  any  office  unless  he  be  a  citizen  of  the  United  States, 
and,  except  as  provided  in  the  next  section,  he  shall  also 
be  an  elector  of  the  City  of  Jackson.     The  Supervisors 
shall  be  electors  of  the  wards,  respectively,  from  which 
they  are  appointed. 

(55)  Sec.  2.     The  City  Manager  shall  be  a  man  of 
good  business  and  executive  ability,  and,  if  practicable,  a 
civil  or  mechanical  engineer.     He  may  or  may  not  be  a 
resident  or  elector  of  the  City  at  the  time  of  his  appoint- 
ment, but  other  things  being  equal,  preference  shall  be 
given  to  a  citizen  of  Jackson.     In  the  case  of  other  ap- 
pointive officers  requiring  special  technical  skill,  such  as 
City   Engineer,   Health   Officer,   or   Librarian,   the   City 
Commission  may,  if  need  be,  appoint  non-residents  of 
the  City. 

(56)  Sec.  3.     The  members  of  the  City  Commission 
and  Assessor  shall  at  the  time  of  their  election  or  appoint- 
ment have  resided   at  least  five  years  in  the  City  of  Jack- 
son. 

(57)  Sec.  4.     The  City  Attorney  shall  be  an  attorney 
at  law  licensed  to  practice  in  the  supreme  court  of  Michi- 
gan and  shall  have  practiced  at  least  five  years  at  the 
Jackson  County  bar. 

(58)  Sec.   5.     No   member  of  the   City   Commission 
shall  during  his  term  of  office  hold  any  other  City  office, 
except  as  otherwise  provided  in  this  charter. 

(59)  Sec.  6.     No  official  position  shall  ever  be  given 
to  any  one  who  is  in  default  to  the  City. 

ADVISORY  COMMITTEES 

(60)  The  City  Commission  may  at  any  time  appoint 
an  Advisory  Committee  or  committees  of  citizens,  quali- 
fied to  act  in  an  advisory  capacity  to  the  City  Commis- 
sion, the  City  Manager  or  the  head  of  any  department, 
with   respect   to   the   conduct   and   management  of  any 
property,  institution  or  public  function  of  the  City.     The 
members  of  any  such  committee  shall  serve  at  the  pleas- 
ure of  the  City  Commission  and  without  compensation, 
and  their  duty  shall   be  to  advise  with  such  municipal 
officers  and  make  written  recommendations  which  shall 
become  part  of  the  records  of  the  City. 

(12) 


CITY  COMMISSION— POWERS  AND  DUTIES 

(61)  Sec.  1.     The  City  Commission  shall  be  the  leg- 
islative -body  of  the  City.     Wherever  in  the  general  laws 
or  local  acts  applicable  to  this    City,  not  repealed  by  this 
charter,  certain   powers    are    conferred    upon    common 
councils,  aldermen,  or  the  legislative  bodies  of  cities,  the 
same  may  be  exercised  by  the  City  Commission. 

(62)  Sec.  2.     The  City  Commission  shall  have  power 
by  appropriate  ordinances  or  resolutions  to  carry  into 
effect  any  power  vested  in  the  City  by  this  charter  or  the 
general  laws. 

(63)  Sec.   3.     The   City   Commission   shall   cause   all 
the  records  of  the  City,  and  all  proceedings  of  the  City 
Commission,  and  all  books,  documents,  reports,  contracts, 
receipts,  vouchers  and  papers  relating  to  the  finances  and 
affairs  of  the  City,  or  to  the  official  acts  of  any  officer 
of  the  City,  unless  required  by  law  or  by  this  charter  to 
be  kept  elsewhere,  to  be  deposited  and  kept  in  the  office 
of  the  City  Clerk,  and  to  be  so  arranged,  filed  and  kept 
as  to  be  convenient  of  access  and  inspection,  and  all  such 
records,  books  and  papers  shall  be  subject  to  inspection 
by  any  inhabitant  of  the  City,  or  other  person  interested 
therein,  at  all  reasonable  times.     Any  person  who  shall 
wilfully  secrete,  injure,  deface,  alter  or  destroy  any  such 
books,  records,  documents  or  papers,  or  expose  the  same 
to  loss  or  destruction,  with  intent  to  prevent  the  contents 
or  true  meaning  or  import  thereof  from  being  known, 
shall,  upon  conviction  thereof,  be  punished  by  imprison- 
ment not  longer  than  ninety  days,  or  by  fine  not  exceed- 
ing five  hundred  dollars,  or  by  both,  in  the  discretion  of 
the  court. 

(64)  Sec.  4.     The  City  Commission  shall  audit,  pass 
upon,  and  allow  or  reject  all  accounts  and  claims  against 
the  City;  and,  when  required  by  the  City  Commission, 
every  claim  arising  out  of  contract  shall  be  accompanied 
with  an  affidavit  of. the  person  rendering  it,  to  the  effect 
that  he   believes   that   the   services   or  property   therein 
charged  have  been  actually  performed  or  delivered  for  the 
City,  that  the  sums  charged  therefor  are  reasonable  and 
just,  that  to  the  best  of  his  knowledge  and  belief  no  set-off 
exists  nor  has  any  payment  been  made  on  account  there- 
of, except  such  as  are  endorsed  on  or  referred  to  in  such 
account  or  claim.     Every  such  account  shall  exhibit  in 

(13) 


detail  all  the  items  making  up  the  amount  claimed  and 
the  true  date  thereof.  Every  claim  for  tort  shall  so  far 
as  possible  state  in  detail  the  time,  place  and  cause  of  the 
alleged  injury  and  shall  be  made  under  oath.  All  claims, 
whether  arising  out  of  contract  or  tort,  shall  be  presented 
to  the  City  Commission  for  consideration  within  six 
months  after  the  cause  of  action  in  each  case  has  arisen. 
It  shall  be  a  sufficient  defense  to  any  action  for  the  col- 
lection of  any  demand  or  claim  against  the  City,  that  it 
has  not  been  presented  to  the  City  Commission  for  allow- 
ance as  hereinbefore  provided,  or  that  the  claim  was  pre- 
sented without  the  affidavit  aforesaid,  and  rejected  for 
that  reason,  or  that  the  action  or  proceeding  was  brought 
before  the  City  Commission  had  a  reasonable  time  after 
the  presentation  of  the  claim  to  investigate  and  pass  upon 
it. 

(65)  Sec.  5.  Subject  to  the  limitations  of  this  charter 
and  of  the  general  laws,  the  City  Commission  shall  have 
power: 

First — To  make  all  such  ordinances  and  regulations  as 
it  may  deem  necessary  for  the  public  welfare,  health, 
safety  and  good  government  of  the  City  and  to  protect 
the  persons  and  property  of  its  inhabitants.  The  enum- 
eration of  certain  specific  powers  in  this  charter  shall  not 
be  deemed  to  be  exclusive. 

Second — To  provide  by  purchase,  lease,  condemnation, 
construction  or  otherwise,  and  to  establish,  hold,  equip, 
maintain,  conduct  and  operate  libraries,  reading  rooms, 
art  galleries,  museums,  kindergartens,  playgrounds, 
baths,  public  toilet  and  comfort  stations,  markets,  market 
houses,  water  works,  municipal  lodging  houses,  infirm- 
aries, hospitals,  free  employment  bureaus,  jails,  police 
stations,  fire  houses,  crematories,  morgues,  street  clean- 
ing and  sprinkling  outfits,  works  or  plants  for  the  prep- 
aration, manufacture,  handling  or  transportation  of  ma- 
terials required  in  the  construction,  completion,  main- 
tenance or  repair  of  any  public  building,  work,  improve- 
ment or  utility,  and  any  and  all  buildings,  establishments, 
institutions  and  places  which  are  necessary  or  convenient 
for  the  transaction  of  public  business  or  for  promoting 
the  health,  morals,  or  welfare  of  the  inhabitants  of  the 
City,  or  for  their  recreation  or  benefit. 

Third — To  provide  for  supplying  the  City  and  its 
inhabitants  with  water,  gas  and  electricity  for  light, 

(14) 


po\ver  or  heat,  and  to  acquire  by  purchase,  lease,  condem- 
nation or  otherwise,  or  construct  and  to  own,  maintain, 
equip  and  operate,  within  or  without  the  City,  water 
works,  and  works  or  plants  for  the  production,  transmis- 
sion or  distribution  of  gas,  water,  electricity,  heat  or 
power,  in  any  of  their  forms. 

Fourth — -To  provide  for  supplying  surplus  water,  gas 
or  electricity,  belonging  to  the  City,  or  the  surplus  pro- 
duct of  any  public  utility  conducted  or  operated  by  the 
City,  to  consumers  outside  of  the  city  limits,  to  an 
amount  not  to  exceed  in  the  aggregate  twenty-five  per 
cent  of  that  furnished  by  it  within  the  corporate  limits. 

Fifth — To  fix  and  collect  rates  or  charges  for  the  public 
use  of  and  for  all  products  of,  or  service  by  any  public 
utility,  conducted  or  operated  by  the  City. 

Sixth — To  receive  bequests,  gifts  and  donations  of  all 
kinds  of  property,  in  fee  simple,  or  in  trust  for  public, 
charitable  or  other  purposes ;  and  to  do  all  things  and  acts 
necessary  to  carry  out  the  purposes  of  such  bequests, 
gifts  and  donations,  with  powrer  to  manage,  sell,  lease,  or 
otherwise  handle  or  dispose  of  the  same,  in  accordance 
with  the  terms  of  the  bequest,  gift  or  donation. 

Seventh — To  direct  and  regulate  by  ordinance  the  con- 
struction of  cellars,  slips,  barns,  private  drains,  sinks, 
privies  and  cesspools  and  to  compel  the  owner  or  oc- 
cupant to  fill,  drain,  cleanse,  alter,  relay  or  repair  the 
same,  and  to  pull  down  or  remove  any  building,  fence  or 
structure  which  ma}'  be  unsafe  or  likely  to  fall  and  in- 
jure persons  or  property,  or  cause  the  same  to  be  done  by 
some  officer  of  the  City,  and  to  assess  the  expense  thereof 
on  the  lot  or  premises  on  which  the  same  are  or  were  sit- 
uated, but  in  all  such  cases,  the  actual  expense  upon  or  in 
frqnt  of  each  parcel  of  land  shall  be  assessed  to  such 
parcel,  and  in  all  other  respects  the  proceedings  shall 
comply  as  nearly  as  may  be  with  provisions  of  this  char- 
ter relative  to  other  special  assessments. 

Eighth — To  suppress  and  prohibit  prize  fights,  any  and 
all  forms  of  gambling,  or  fraudulent  devices  or  practices, 
and  all  games  of  chance  and  gambling  houses  or  places; 
and  to  authorize  the  confiscation  and  destruction  of  all 
instruments  used  for  gambling  and  all  articles  or  goods 
held,^  or  kept,  or  offered  for  sale,  contrary  to  law ;  also 
all  obnoxious,  offensive,  immoral,  indecent  or  disrepu- 
table shows,  houses  of  ill  fame,  assignation  houses,  dis- 

(15) 


orderly  houses,  practices  or  places  of  business,  and  to 
punish  the  keepers  thereof  and  landlords  who  knowingly 
rent  the  premises  for  such  purposes. 

Ninth — To  compel  any  street  railway  company  to 
maintain  and  sprinkle  the  streets  occupied  by  its  tracks, 
between  its  tracks  and  for  at  least  two  feet  on  either  side 
thereof,  and  keep  the  same  at  all  times  in  good  repair,  so 
that  the  surface  of  the  roadbed  between  the  tracks  and 
on  the  outside  thereof,  for  the  distance  above  specified, 
shall  be  flush  with  the  surface  of  the  rail  laid  along  said 
street ;  such  maintenance  shall  be  either  by  paving,  grav- 
eling or  macadamizing,  in  such  manner  as  the  City  Com- 
mission may  by  resolution  or  ordinance  determine. 
Should  any  such  company  neglect  or  refuse  to  perform 
such  work  within  a  reasonable  time  after  notice  is  given 
it  to  do  so,  the  City  Commission  may  cause  such  work 
to  be  done  and  the  cost  thereof  shall  be  a  charge  against 
said  company  and  may  be  recovered  from  said  company 
by  the  City  in  an  action  of  assumpsit. 

Tenth — To  purchase,  lease  and  sell  real  estate  or  per- 
sonal property  for  corporate  purposes,  and  may  execute 
mortgages  on  the  same  for  the  purchase  money  remain- 
ing unpaid,  and  it  may  purchase,  lease  and  hold  for  public 
purposes,  any  right  to  the  flowage  of  water  in  Grand 
River,  including  any  dam  or  water  power  in  said  stream, 
within  Jackson  County. 

Eleventh — To  punish  loiterers,  mendicants,  street  beg- 
gars, drunkards,  and  persons  found  drunk  in  any  of  the 
public  streets  or  places  in  the  City,  disorderly  persons 
and  persons  conducting  themselves  in  a  disorderly  man- 
ner in  any  such  public  streets  or  places. 

Twelfth — To  prevent  and  punish  violations  of  the 
Sabbath  day. 

Thirteenth — To  provide  for  the  inspection  and  regu- 
late the  sale  of  ice  and  all  kinds  of  foods. 

Fourteenth — To  establish  and  maintain  a  city  hay 
market  and  to  maintain  city  scales. 

Fifteenth — To  license  public  weighers  in  the  City  of 
Jackson  and  to  compel  them  to  give  a  certificate  of  the 
weight  of  any  article  weighed  by  them. 

Sixteenth — To  regulate  the  prices  to  be  charged  for 
gas,  heat  or  electricity,  by  all  persons  owning  and  oper- 
ating in  the  streets  and  public  places  of  the  City,  wires, 
pipes  and  conduits,  and  to  regulate  the  manner  in  which 

(16) 


all  tekphone,  telegraph,  gas,  heating,  lighting  and  power 
companies  shall  use  the  streets,  alleys  and  public  places 
of  the  City. 

Seventeenth — To  regulate  the  keeping,  selling  and 
using  of  gun  powder,  firecrackers,  fireworks  and  other 
combustible  materials,  the  exhibition  of  fireworks,  and 
the  discharge  of  firearms,  and  to  restrain  the  making  or 
lighting  of  fires  in  the  streets  and  other  open  spaces  in  the 
City ;  to  prohibit  and  punish  the  use  of  toy  pistols,  sling- 
shots and  other  dangerous  toys  or  implements  within  the 
City. 

Eighteenth — To  make  needful  rules  and  regulations 
for  the  collection  of  water  rates  and  to  enforce  payment 
thereof  by  suit,  and  to  provide  for  cutting  off  any  de- 
linquent consumer  from  a  supply  of  water  from  the 
water  works. 

Nineteenth — To  make  rules  and  regulations  for  mak- 
ing connections  with  water  mains,  and  to  forfeit  the 
license  of  any  plumber  making  connections  with  any 
water  pipe  or  extending  any  supply  pipe  or  in  any  manner 
increasing  the  flow  of  water  without  a  permit  from  the 
City. 

Twentieth — To  provide  for  and  regulate  the  number- 
ing of  buildings  upon  the  streets  and  alleys,  and  to  com- 
pel the  owners  or  occupants  to  affix  numbers  on  the 
same,  and  to  designate  and  change  the  names  of  public 
streets,  alleys  and  parks. 

Twenty-first — To  provide  for,  establish,  regulate  and 
preserve  public  fountains  and  reservoirs  within  the  City, 
and  fountains  and  basins  for  watering  animals. 

Twenty-second — To  compel  all  persons  or  corporations 
owning,  managing,  operating  or  using  wires  or  other 
means  of  conveying  electrical  currents,  or  electricity  for 
any  purpose,  to  return  such  current  by  aerial  wiring  or 
otherwise,  so  as  to  prevent  electrolysis. 

Twenty-third — To  adopt  ordinances  regulating  the  use 
of  soft  coal  for  fuel,  so  as  to  prevent  damage  to  persons 
and  property,  and  provide  penalties  for  violation  thereof. 

Twenty-fourth — To  regulate  by  ordinance,  the  con- 
struction of  any  building  or  structure  within  the  limits 
of  the  City,  and  to  require  a  permit  for  the  construction 
thereof  and  to  have  a  thorough  inspection  and  examina- 
tion of  such  building  or  structure  with  reference  to  its 
condition,  strength  and  safety,  and  for  the  safe  and 

(17) 


speedy  egress  of  persons  therefrom,  in  case  of  sudden 
alarm  or  danger;  and  to  require  and  issue  permits  for  the 
use  and  occupation  of  any  building  or  structure  intended 
to  be  used  for  a  work  shop  or  factory  and  to  require  the 
owner  or  occupant  thereof  to  equip  the  same  with  fire 
escapes ;  and  to  prevent  the  use  of  said  building  or  struc- 
ture for  a  factory  or  work  shop  until  the  regulations  of 
the  City  Commission  are  complied  with. 

Twenty-fifth — To  prohibit  and  prevent  racing  or  fast 
and  dangerous  driving,  or  riding,  in  the  streets  and  public 
places  in  the  City;  and  all  practices,  amusements  and 
doings  having  a  tendency  to  interfere  with  the  free  and 
safe  use  of  the  public  streets. 

Twenty-sixth — To  direct  and  regulate  the  planting  and 
provide  for  the  preservation  of  shade  and  ornamental 
trees,  plants,  flowers  and  shrubbery  in  the  streets,  parks, 
cemeteries  and  other  public  places. 

Twenty-seventh — To  regulate  the  inspection  of  all 
steam  boilers  used  in  the  City  for  operating  machinery 
or  for  heating  purposes. 

Twenty-eighth — To  provide  for,  and  change  subject  to 
general  laws,  the  location  and  grade  of  street  crossings 
of  any  railroad  track,  and  to  compel  any  railroad  com- 
pany or  street  railway  company  to  raise  or  lower  its 
tracks  to  conform  to  such  grades  as  may  be  established 
by  the  City  Commission  from  time  to  time,  and  to  com- 
pel any  railroad  company  or  street  railway  company  to 
construct,  maintain  and  keep  in  repair  street  crossings  in 
such  manner,  and  with  such  protection  of  persons  cross- 
ing thereat,  and  to  light  the  same,  as  the  City  Commis- 
sion may  by  ordinance  require;  also  with  the  approval 
of  the  Railroad  Commission  of  Michigan,  and  as  provided 
by  the  general  laws,  to  require  and  compel  railroad  com- 
panies to  keep  flagmen,  or  watchmen,  at  all  railroad 
crossings  of  streets,  and  to  give  warning  of  the  approach 
and  passage  of  trains  thereat,  and  to  light  said  crossings 
and  to  regulate,  by  ordinance,  the  speed  of  all  locomo- 
tives, and  railroad  trains  within  the  City,  but-  said  speed 
shall  not  be  required  to  be  less  than  six  miles  per  hour, 
and  to  impose  a  fine  of  not  more  than  one  hundred 
dollars  upon  any  railroad  company,  and  upon  any  engi- 
neer or  conductor  violating  any  ordinance  regulating  the 
speed  of  locomotives  or  trains. 


(18) 


Twenty-ninth — To  require  and  compel  any  railroad 
company  or  any  street  railway  company  to  make,  keep 
open  and  repair  such  ditches,  drains,  sewers  and  culverts, 
along  and  under  or  across  their  tracks,  as  may  be  neces- 
sary to  drain  its  grounds  and  rights-of-way  properly,  and 
in  such  manner  as  the  City  Commission  shall  direct,  and 
so  that  the  natural  drainage  of  adjacent  property  shall 
not  be  impeded.  If  any  such  railroad  company  or  street 
railway  company  shall  neglect  to  perform  any  such  re- 
quirement, according  to  the  directions  of  the  City  Com- 
mission, the  City  Commission  may  cause  the  work  to  be 
done  at  the  .expense  of  such  company,  and  the  amount 
of  such  expense  may  be  collected  from  such  company  at 
the  suit  of  the  City. 

CITY  DEPOSITARIES 

(66)  The   City  Commission  may  contract  with  any 
bank  or  banks,  doing  business  in  this  City,  to  receive  all 
city  deposits  and  to  pay  interest  thereon,  but  such  con- 
tract shall  not  become  effective  until  a  bond  has  been 
executed   to  the   City,  in   such   amount  and  with   such 
sureties  as  the  City  Commission  may  require,  conditioned 
for  the  safe  keeping  and  prompt  payment  of  such  de- 
posits.    Thereafter,  the  Treasurer  shall  deposit  in  such 
bank  or  banks  all  funds  of 'the  City,  so  long  as  such  con- 
tract is  in  force,  and,  upon  strict  compliance  with  the 
direction   of  the   City   Commission   in   this   regard,  the 
Treasurer  and  his  bondsmen  shall  be  relieved  from  liabil- 
ity for  any  loss  which  the  City  may  sustain  by  reason  of 
the  default  of  such  bank  or  banks.     In  any  such  con- 
tract the  City  Commission  shall  reserve  the  right  to  ter- 
minate the  same  and  to  withdraw  the  deposits  at  any 
time. 

INDIGENT  PERSONS 

(67)  Sec.  1.     The  City  Commission  may  make  such 
provision  as  it  may  deem  expedient  for  the  support  and 
relief  of  poor  persons  residing  in  the  City,  and  may  pro- 
hibit and  prevent  all  persons  and  associations  from  bring- 
ing to  the  City  any  pauper  or  other  person  likely  to  be- 
come a  charge  upon  the  City,  and  may  punish  therefor. 

(68)  Sec.  2.     The  City  Commission  may  provide  for 
the  treatment,  in  any  hospital  within  the   City,  of  in- 
digent sick  or  injured  persons,  and  for  the  burial  of  de- 

(19) 


ceased  indigent  persons,  the  reasonable  expenses  thereof, 
in  either  case,  to  be  paid  out  of  the  city  treasury. 

PUBLIC  HEALTH 

(69)  Sec.   1.     The  City  Commission  shall  have  and 
exercise  for  the  City  all  the  powers  and  authority  con- 
ferred upon  boards  of  health  by  the  general  laws,  so  far 
as  the  same  are  applicable  to  and  consistent  with  this 
charter,  and  it  may  enact  such  ordinances  as  may  be 
proper  for  regulating  the  proceedings  and  mode  of  exer- 
cising such  powers  and  authority.     The  City  Commission 
shall  be  known  as  the  "Board  of  Health"  when  acting  in 
that  capacity,  and  the  records  of  the  Board  of  Health 
shall  be  kept  separate  from  the  records  of  the  City  Com- 
mission. 

(70)  Sec.  2.    The  City   Commission  may  enact  all 
ordinances  deemed  necessary  by  it  for  the  preservation 
and  protection  of  the  health  of  the  inhabitants  of  the 
City  and  to  prevent  the  introduction  or   spreading  of 
malignant,  infectious  or  contagious  diseases  within  the 
.City,  and  for  the  removal  of  persons  having  such  diseases 
or  who  from  exposure  thereto  or  otherwise  may  be  sus- 
pected or  believed  to  be  liable  to  communicate  the  same, 
either  beyond  the  City  limits  'or  to  such  hospital  or  place 
of  treatment  within  the  City  as  the  City  Commission  may 
prescribe,  and  the  public  safety  require. 

(71)  Sec.  3.     If  any  person,  company  or  corporation, 
shall  neglect  to  remove  or  abate  any  nuisance,  or  to  per- 
form any  requirement  of  any  ordinance  or  resolution  of 
the  City  Commission  or  of  the  Board  of  Health  for  the 
protection  of  the  health  of  the  inhabitants,  within  the 
time   prescribed   therefor   by   said   City   Commission   or 
Board  of  Health,  said   City  Commission  or    Board    of 
Health  may  cause  the  same  to  be  done,  and  the  expense 
thereof  may  be  recovered  by  the  City  in  an  action  of  as- 
sumpsit  against  such  person,  company  or  corporation. 
The  City  Commission  may,  in  addition  to  all  other  rem- 
edies provided  for  the  recovery  of  such  expense,  charge 
the  same,  or  such  part  thereof  as  it  shall  deem  proper, 
upon  the  premises  upon  or  on  account  of  which   such 
expense   was    incurred,    or    from   which    such    nuisance 
was  removed,  and  cause  the  same  to  be  assessed  upon 
such  premises  and  collected  as  a  special  assessment. 

(20) 


(72)  Sec.   4.     The   City   Commission,   when   it   shall 
deem  it  necessary,  may  from  time  to  time  assign,  by  ordi- 
nance, certain  places  within  the  City  for  the  exercising 
of  any  trade  or  employment  offensive  to  the  inhabitants 
or  dangerous  to  the  public  health,  and  may  forbid  the 
exercise   thereof,  in   places   not    so   assigned,    and    may 
change  or  revoke  such    assignments    at    pleasure,    and 
whenever  a  business,  carried  on  in  a  place  so  assigned  -or 
in  any  other  place  in  the  city,  shall  become  hurtful  and 
dangerous  to  the  health  of  the  neighborhood,  the  City 
Commission  may  prohibit  the  further  exercise  of  such 
business  or  employment  at  such  place. 

(73)  Sec.  5.     The  City  Commission  may  purchase  the 
necessary  lands  and  erect  thereon,  or  otherwise  provide, 
one  or  more  hospitals,  either  within  or  without  the  city 
limits,   and   provide   for   appointment   of   the   necessary 
officers,  attendants,  or  employes,  and  for  the  care  and 
management   thereof,   and   for   the    care   and   treatment 
therein  of  such  sick  and  diseased  persons  as  to  the  City 
Commission  or  Board  of  Health  of  the  City  shall  seem 
proper;   and   by   direction   of   the    City    Commission   or 
Board  of  Health,  persons  having  any  malignant,  infec- 
tious or  contagious  disease,  may  be   removed  to  such 
hospital,  and  there  detained  and  treated,  when  the  public 
safety  may  so  require,  and  the  City  Commission  may  pro- 
vide such  restraints  and  punishments  as  may  be  necessary 
to  prevent  any  such  person  from  departing  from   such 
hospital  until  duly  discharged. 

(74)  Sec.  6.     The  Health  Officer  shall  have  and  exer- 
cise all  the  powers   and  authority  conferred  on   health 
officers  by  the  general  laws  or  by  ordinance,  and  shall 
perform  all  the  duties  therein  required  of  such  officers. 

(75)  Sec.    7.     The    City   Commission   may   establish 
by  ordinance  a  general  system  for  the  collection  and  dis- 
posal or  reduction  of  garbage,  at  the  expense  of  the  City, 
and  may  let  contracts  therefor. 

(76)  Sec.  8.     The    City    Commission    or    Board    of 
Health  may  compel  the  owner  or  occupant  of  any  gro- 
cery, fish  market,  soap  factory,  butcher  shop,  slaughter 
house,  stable,  feed  or  livery  barn,  sewer  or  any  offensive, 
nauseous  or  unwholesome  place  or  house,  to  cleanse  or 
abate   the   same   whenever   the    City    Commission    shall 
deem  it  necessary  for  the  health,  comfort  and  convenience 
of  the  inhabitants  of  the  City. 

(21) 


(77)  Sec.  9.     The  City  Commission  shall  have  power 
to  cause  any  excavation,  structure,  public  vehicle,  build- 
ing, premises,  room,  building  place,  sewer  pipe,  passage, 
grounds,  matter  or  thing  in  said  City  regarded  by  said 
City  Commission  as  in  a  condition  dangerous  or  detri- 
mental to  public  health  or  life,  to  be  refrioved,  cleansed, 
disinfected,  altered  or  improved,  and  may  also  order  any 
substance,  matter  or  thing  being  or  laid  in  any  street, 
alley,   excavation,  building,   erection,  place  or  grounds, 
whether  upon  public  or  private  property,   regarded  by 
said   City  Commission  as  dangerous  or  detrimental  to 
public  health,  to  be  speedily  removed  or  destroyed,  and 
may  designate  the  proper  place  to  which  same  shall  be 
removed,  or  the  manner  in  which  the  same  shall  be  de- 
stroyed, and  in  case  of  non-compliance  with  any  order 
or  ordinance  so  made  or  adopted,  the  City  Commission, 
its  officers  or  employes,  may  lawfully  enter  upon  any 
premises  to  which  said  order  or  ordinance  relates  and 
suppress,  remove  or  destroy  the  nuisance,  or  other  matter 
deemed   detrimental   to   public    health.       The    expense 
thereof  shall  be  a  charge  upon  the  occupant  or  occupants 
of  said  premises,  and  may  be  sued  for  and  recovered  in 
the  name  of  the  City,  and  the  same  shall  be  a  charge 
against  the  owner  or  owners  of  the  premises.     The  City 
Commission   may  cause   the   amount  to   be   levied   and 
assessed  on  the  premises  and  against  the  owner  or  own- 

.ers  thereof,  and  the  same  may  be  collected  in  the  same 
manner  as  other  special  assessments  are  collected. 

CITY  PHYSICIAN 

(78)  The   City   Physician   shall,   when   requested   by 
the  Board  of  Health,  Health  Officer  or  City  Manager, 
treat  the  indigent  sick  of  the  City.     He  shall  perform 
such  other  duties  as  may  be  required  by  ordinance  or 
by  the  City  Commission. 

CITY  MARKETS 

(79)  Sec.   1.     The   City   Commission   shall  have  the 
power  to  erect   market  houses,   establish   and   regulate 
markets  and  market  places  for  the  sale  of  meats,  fish, 
vegetables  and  other  provisions  and  articles  necessary 
to  the  sustenance,  convenience  and  comfort  of  the  inhab- 
itants, to  prescribe  the  time  for  opening  and  closing  the 

(22) 


same,  the  kind  and  description  of  articles  which  may  be 
sold  and  the  stands  to  be  occupied  by  the  vendors. 

(80)  Sec.  2.     The  City  Commission  may  adopt  and 
enforce  such  rules  and  regulations  as  may  be  necessary 
to  prevent  fraud  and  preserve  order  in  the  markets,  and 
may  authorize  the  immedate  seizure,  arrest  and  removal 
from  the  market  of  any  person  violating  its  regulations, 
together  with   any   article   in   his   possession,   and   may 
authorize    the    seizure   and   destruction   of   tainted,    un- 
sound or  unwholesome  meats,  or  other  provisions   ex- 
posed for  sale  therein  or  elsewhere  in  said  city. 

POUNDS 

(81)  Sec.  1.     The  City  Commission  may  provide  and 
maintain  one  or  more  pounds  within  the  City  and  may 
provide  for  one  or  more  Pound  Masters  and  prescribe 
their  duties,  powers  and  compensation,  and  may  authorize 
the  impounding  of  all  beasts  or  fowls  found  in  the  streets 
or  otherwise  at  large  contrary  to  any  ordinances  of  the 
City. 

(82)  Sec.    2.     The    City    Commission   may   prescribe 
the  fees  for  impounding  and  the  amount  or  rate  of  ex- 
pense for  keeping,  charges  to  be  paid  by  the  owner  or 
keeper  of  the  beasts  or  fowls  impounded,  and  may  author- 
ize the  sale  of  such  beasts  and  fowls  for  the  payment  of 
such  fees,  expenses  and  charges  and  for  the  penalties  in- 
curred, and  may  impose  penalties  for  rescuing  any  beast 
or  thing  impounded. 

CITY   LIBRARY 

(83)  Sec.   1.     The   City   Commission   shall   have   the 
power  to  accept  for  and  in  behalf  of  the  City  all  gifts 
and  donations  made  or  tendered  to  the  City  by  any  person 
or  corporation  for  the  purpose  of  erecting  and  construct- 
ing a  public  library  or  libraries  in  the  City,  and  shall  have 
the  power  in  behalf  of  the  City  to  accept  and  agree  to  any 
reasonable  terms  and  conditions  upon  which  such  gifts 
or  donations  are  made  or  tendered,  and  by  their  action 
to  bind  the  City  to  the  performance  of  such  terms  and 
conditions,  and  said  City  Commission  may  acquire,  pur- 
chase, lease  and  own  for  the  use  of  the  City  such  real  es- 
tate as  may  be  necessary  for  public  buildings  and  build- 
ings for  public  libraries  and  other  purposes  necessary  or 

(23) 


convenient  for  the  public  good,  and  to  erect  necessary 
buildings  therefor. 

(84)  Sec.  2.     The  City  Commission  shall  raise  and 
appropriate  not  less  than  seven  thousand  dollars  in  each 
and  every  year  for  the  equipment  and  maintenance  of  the 
public  library. 

THE   INITIATIVE 

(85)  Sec.  1.     Any  proposed  ordinance  may  be   sub- 
mitted to  the   City  Commission   by  petition   signed   by 
qualified  electors  of  the  City  equal  to  ten  per  cent  of  the 
total  vote  for  all  candidates  for  Mayor  at  the  last  pre- 
ceding municipal  election.     The  petition  shall  show  the 
ward  and  street  number  of  the  signers  and  date  of  sign- 
ing, and  the  circulator  of  said  petition,  or  his  part  thereof, 
shall  attach  an  affidavit  thereto  that  said  signatures  are 
genuine  and  the  signatures  of  qualified  electors. 

(86)  Sec.  2.     If  the  petition    accompanying  the  pro- 
posed ordinance  be   signed  by  the   required  number  of 
qualified  electors  and  contains  a  request  that  said  pro- 
posed ordinance  be  submitted  to  the  vote  of  the  people, 
if  not  passed  by  the  City  Commission,  the  City  Commis- 
sion shall  within  twenty  days  after  said  petition  is  filed 
with  the  City  Clerk  either : 

(a)  Pass   the  ordinance   without   alteration    (subject 
to  the  referendum)  or 

(b)  Call  a  special  election,  unless  a  general  or  mu- 
nicipal election  is  fixed  within  ninety  days  thereafter,  and 
at  such  general,  special  or  municipal  election  said  pro- 
posed ordinance   shall   be   submitted   without  alteration 
to  the  vote  of  the  qualified  electors  of  the  City. 

(87)  Sec.   3.     Whenever  any   proposed   ordinance   is 
required  by  this  charter  to  be  submitted  to  the  voters  of 
the  City  at  any  election,  the  City  Commission  shall  cause 
said  proposed  ordinance  to  be  published  in  full  in  one  or 
more  of  the  daily  newspapers  of  the  City  for  five  days, 
the  first  publication  to  be  at  least  ten  days  before  the  elec- 
tion. 

(88)  Sec.   4.     The   ballots   to   be   used   when   voting 
upon   such   proposed   ordinance    shall   contain   the   sub- 
stance of  such  ordinance,  in  distinct  and  easily  legible 
type,  with  the  words  "Yes"  and  "No"  printed  below  in 
separate  lines.    The  elector  shall  designate  his  vote  by  a 
cross  placed  in   the   square    ([x])   in  front  of  the   word 

(24) 


"Yes"  or  the  word  %<No"  under  such  ordinance.  If  a 
majority  of  the  qualified  electors,  voting  on  said  proposed 
ordinance,  shall  vote  in  favor  thereof,  the  same  shall 
thereupon  become  an  ordinance  of  the  City. 

(89)  Sec.    5.     Any    number   of   proposed    ordinances 
may  be  voted  on  at  the  same  election,  in  accordance  with 
the  provisions  of  this  subject. 

(90)  Sec.   6.     The   City   Commission   may   submit   a 
proposition  for  the   repeal  or  amendment  of  any  ordi- 
nance so  adopted  by  electoral  vote,  at  any  succeeding 
election,  and  should   such  proposition  so  submitted  re- 
ceive a  majority  of  the  votes  cast  thereon  at  such  elec- 
tion, such  ordinance   shall  be  repealed  or  amended  ac- 
cordingly.    An  ordinance  so  adopted  by  electoral  vote 
cannot  be  repealed  or  amended  except  by  electoral  vote. 

THE  REFERENDUM 

(91)  Sec.  1.     If  at  any  time,  after  the  passage  of  an 
ordinance  and  prior  to  its  taking  effect,  a  petition  signed 
by  qualified  electors  of  the  City,  equal  in  number  to  at 
least  fifteen  per  cent  of  the  total  vote  for  all  candidates 
for  Mayor  at  the  last  preceding  municipal  election,  be 
filed  with  the  City  Clerk,  protesting  against  the  going 
into  effect  of  the  ordinance  mentioned  in  said  petition, 
the   same,   unless   it   be   an   emergency   ordinance,   shall 
thereupon  be  suspended  from  going  into  effect  and  it  shall 
be  the  duty  of  the  City  Commission  to  reconsider  such 
ordinance  and  if  the  same  be  not  entirely  repealed  the 
City  Commission  shall  submit  the  ordinance  to  a  vote 
of  the  qualified  electors  of  the   City  either  at  the  next 
general  or  municipal  election  or  at  a  special  election  tq 
be  called  for  that  purpose,  and  such  ordinance  shall  not  go 
into  effect  unless  a  majority  of  the  qualified  electors  vot- 
ing on  the  same  shall  vote  in  favor  thereof. 

(92)  Sec.  2.     The  said  petition  shall  show  the  ward 
and  street  number  and  date  of  signing  and  shall  have  an 
affidavit  attached  as  provided  in  Section  1  under  the  sub- 
ject "The  Initiative." 

(93)  Sec.  3.     Ordinances  passed  as  emergency  meas- 
ures shall  be  subject  to  referendum  in  like  manner  as 
other  ordinances,  except  that  they  shall  go  into  effect  at 
the  time  indicated  in   such  ordinances.     If,   when   sub- 
mitted to  a  vote  of  the  electors,  an  emergency  measure 
be  not  approved  by  a  majority  of  those  voting  thereon,  it 

(25) 


shall  be  considered  repealed  as  regards  any  further  ac- 
tion thereunder,  but  such  measure  so  repealed  shall  be 
deemed  sufficient  authority  for  payment  in  accordance 
with  the  ordinance  of  any  expense  incurred  previous  to 
the  referendum  vote  thereon. 

(94)  Sec.  4.     The  City  Commission  may,  of  its  own 
motion,  submit  to  electoral  vote,  for  adoption  or  rejec- 
tion, at  any  election  any  proposed  ordinance,  contract  or 
measure  in  the  same  manner  and  with  the  same  force 
and  effect  as  is  provided  under  the  subject  of  ''The  In- 
itiative."    If  the   provisions   of  two   or  more   proposed 
ordinances  or  measures  adopted  or  approved  at  the  same 
election  conflict,  then  the  ordinance  or  measure  receiving 
the  highest  affirmative  vote  shall  control. 

THE  RECALL  OF  ELECTIVE  OFFICERS 

(95)  Any    elective   officer   may   be   removed   by   the 
qualified  electors  of  the  City,  at  the  time  and  in  the  man- 
ner provided  by  the  general  laws. 

REGISTRATION 

(96)  Sec.  1.     The  registration  of  voters  shall  be  in 
accordance  with  the  general  laws  except  as  herein  other- 
wise provided.     A  registration  shall  be  held  in  each  pre- 
cinct on  the  second  Tuesday  preceding  any  election,  ex- 
cept that  in  cases  where  there  is  no  primary  election  to 
be  held  it  may  be  held  on  the  first  Tuesday  preceding 
the  election  if  so  ordered  by  the  City  Commission.    Pro- 
vided, that  a  general  registration  shall  be  made  on  Mon- 
day and  Tuesday  of  the  second  week  preceding  the  gen- 
eral fall  election  in  1916  and  once  in  every  four  years 
thereafter  on  corresponding  days. 

(97)  Sec.  2.     The  City  Commission  shall  appoint  two 
or  more  electors  from  each  precinct  who  shall  constitute 
the  Board  of  Registration  in  their  respective  precincts. 
The  Supervisors  may  be  so  appointed  in  the  precincts  in 
which  they  reside. 

(98)  Sec.  3.     The  Board  of  Registration  shall  be  in 
session   in  their  respective  precincts  at  such  places  as 
shall  be  designated  by  the  City  Commission  from  seven 
o'clock  in  the  forenoon  until  eight  o'clock  in  the  afternoon 
of  said  days.     Notice  of  the  time  and   places  of  such 
registration  shall  be  given  by  the  City  Clerk  as  provided 
in  the  general  laws. 


(99)  Sec.  4.     The  City  Clerk  shall  provide  suitably 
bound  books  or  registers,  one  for  each  election  precinct, 
so  made  and  arranged  as  to  contain  an  alphabetical  list 
of  the  names,  Christian  or  baptismal,  and  the  surnames 
in  full  of  all  persons  who  under  the  constitution  of  the 
state  are  electors  and  entitled  to  vote,  residing  in  their 
respective  precincts  at  the  date  of  registration,  together 
with  the  elector's  residence  by  the  number  of  the  dwell- 
ing, the  name  of  the -street,  if  any,  and  if  none,  the  de- 
scription of  the  locality  of  the  same. 

PRIMARIES 

(100)  Sec.  1.     No  partisan  primary  election  shall  be 
held  for  the  nomination  of  any  elective  municipal  officer. 

(101)  Sec.  2.     A  primary  election  for  the  nomination 
of  candidates  for  municipal  offices  shall  be  held  on  the 
second  Tuesday  before  the  election  and  shall  be  conduct- 
ed and  regulated  as  near  as  may  be  as  prescribed  by  law 
for  the  conducting  and  regulation  of  general  elections. 
The  Boards  of  Registration  shall  also  act  as  Inspectors  of 
Primaries.     The  registration  and  primary  elections  shall 
be  held  at  the  same  places  and  during  the  same  hours. 

(102)  Sec.  3.     The  provisions  of  this  charter  under 
the  subject  "Elections"  shall  apply  to  all  non-partisan 
primary  elections  held  in  this  City,  with  respect  to  giving 
notice  of  the  election,  fixing  places  for  holding  such  elec- 
tion, providing  the  ballot  boxes  with  necessary  equipment 
and  supplies.     The  Inspectors  shall  have  all  the  powers 
and  duties  of  inspectors  at  charter  elections.     All   ex- 
penses of  such  non-partisan  primary  elections  shall  be 
defrayed  in  the  same  manner  as  the  expenses  of  an  elec- 
tion. 

(103)  Sec.  4.     To  obtain  the  printing  of  the  name  of 
any  candidate  for  any  elective  office  on  the  official  pri- 
mary election  ballots,  for  use  in  the  City,  there  shall  be 
filed  with  the  City  Clerk  at  least  seven  days  before  the 
primary,  nominating  petitions,  which  shall  be  signed  in 
the  case  of  each  candidate  by  not  less  than  one  hundred 
and  not  more  than  one  hundred  and  fifty  qualified  electors 
of  the   City.     Each  elector  signing  said   petitions   shall 
give  his  name,  residence,  street  number  and  the  date  of 
signing.    It  shall  be  unlawful  for  any  person  to  sign  more 
than  one  such  nominating  petition  for  the  same  office, 
except  when  there  are  two  or  more  candidates  to  be 

(27) 


elected  to  the  same  office,  when  he  may  sign  as  many 
petitions  as  there  are  persons  to  be  elected  for  such 
office. 

(104)  Sec.    5.     Nominating   petitions    shall    be    sub- 
stantially in  the  following  form  : 

"We,  the  undersigned  qualified  electors  of  the  City  of 

Jackson,  hereby  nominate  , 

who  resides  at  No „. Street,  in 

said  city,  as  a  candidate  for  the  office  of , 

*  to  be  voted  for  at  the  non-partisan  primary  to  be  held  on 
the  day  of  19... 

(105)  Sec.  6.     The  City  Clerk  shall  prepare  and  keep 
on  hand  blank  forms  of  the  nominating  petitions  above 
described,  for  the  use  of  voters  and  candidates.     All  such 
nominating  petitions  shall  be  open  to  public  inspection 
after  being  filed  in  the  office  of  the  City  Clerk. 

(106)  Sec.   7.     The   City   Clerk   shall   keep   a   public 
record  of  the  nomination  petitions  filed,  in  a  book  for  that 
purpose,  which  record  shall  indicate  the  names  of  the  can- 
didates,  the   number   signing   each   petition,   the   offices 
sought  and  the  date  when  such  nominating  petitions  were 
filed. 

(107)  Sec.  8.  Immediately  upon  the  expiration  of  the 
time  for  filing  the  petitions  for  candidates,  the  City  Clerk 
shall  cause  to  be  published  for  three  successive  days  in 
two  of  the  daily  newspapers  of  the  City,  the  names  of  all 
candidates  in  whose  behalf  petitions  have  been  filed  in 
compliance  with  this  charter,  and  shall  cause  the  primary 
ballots  to  be  printed  and  numbered  consecutively  as  pro- 
vided for  the  numbering  of  ballots  by  the  general  election 
laws. 

(108)  Sec.  9.     The  form  of  the  primary  ballot  shall  be 
similar  to  the  form  prescribed  by  the  general  laws  for  the 
use  of  primary  elections,  except  that  there  shall  be  no 
party  designation  or  insignia.     The  names  of  the  candi- 
dates for  Mayor  shall  appear  first  and  the  names  of  the 
cadidates  for  Commissioners  shall  follow.     If  candidates 
for  Police  Judge  are  to  be  nominated  the  names  of  the 
candidates  for  that  office  shall  appear  last. 

(109)  Sec.  10.     No  candidate's  name  shall  be  printed 
upon  said  official  primary  ballot  unless  all  the  require- 
ments of  this  charter  have  been  observed  in  his  behalf. 
The  provisions  of  the  general  laws  for  transposing  and 
alternating  the  names  of  candidates  shall  apply  to  said 

(28) 


ballots.  Having-  caused  said  ballots  to  be  printed  as  afore- 
said, the  City  Clerk  shall  cause  to  be  delivered  at  each 
polling  place  a  number  of  said  ballots  equal  to  fifty  per 
cent  more  than  the  number  of  votes  cast  in  such  polling 
precinct  at  the  last  general  municipal  election  for  Mayor. 
Electors  who  are  qualified  to  vote  at  municipal  elections 
shall  be  qualified  to  vote  at  such  primary  elections,  and 
the  law  applicable  to  challenges  at  the  general  elections 
shall  be  applicable  to  challenges  to  such  primary  elec- 
tions. 

(110)  Sec.  11.  The  Inspectors  of  Elections  shall,  im- 
mediately upon  the  closing  of  the  polls,  publicly  count  the 
ballots  and  ascertain  the  number  of  votes  cast  in  their 
precinct  for  each  of  the  candidates,  and  announce  the 
same  and  make  return  thereof  to  the  City  Clerk  upon 
proper  blanks  therefor,  furnished  by  the  said  clerk.  On 
the  day  following  the  primary  election,  the  City  Clerk 
and  Treasurer  shall  canvass  said  returns  so  received  from 
all  the  voting  precincts,  and  shall  ascertain  and  publish 
in  all  the  daily  newspapers  of  the  City  at  least  once,  the 
result  thereof:  Provided,  that  the  Recorder  and  City 
Treasurer  shall  act  as  such  canvassing  board  at  the  mun- 
icipal primary  in  the  fall  of  1914.  The  two  candidates 
receiving  the  highest  number  of  votes  for  Mayor  shall  be 
the  candidates,  and  the  only  candidates  whose  names 
shall  be  printed  upon  the  ballots  for  Mayor  at  the  next 
succeeding  municipal  election :  and  the  four  candidates 
receiving  the  highest  number  of  votes  for  members  of  the 
City  Commission,  shall  be  the  candidates  and  the  only 
candidates  whose  names  shall  be  printed  upon  the  ballots 
for  Commissioners,  at  such  election :  Provided,  how- 
ever, that  at  the  first  primary  under  this  charter,  nomina- 
tions shall  be  made  for  Commissioners  for  the  term  of 
one  year  and  Commissioners  for  the  term  of  three 
years  and  the  four  candidates  having  the  highest 
number  of  votes  for  the  term  of  one  year  shall  be  deemed 
to  be  the  candidates  at  the  municipal  election  for  that 
term  and  the  four  candidates  having  the  highest  number 
of  votes  for  the  term  of  three  years  shall  be  deemed  to  be 
the  candidates  at  the  municipal  election  for  that  term. 
If  there  are  nominations  for  Police  Judge  or  Justice  of 
the  Peace  the  two  candidates  receiving  the  highest  num- 
ber of  votes  for  either  of  those  offices  shall  be  the  candi- 
dates, and  the  only  candidates,  respectively,  whose  names 

(29) 


shall  be  printed  upon  the  ballots  at  the  next  election  for 
Police  Judge  or  Justice  of  the  Peace  as  the  case  may  be. 

ELECTIONS 

(111)  Sec.   1.     All   elections   shall   be   conducted,   as 
nearly  as  may  be,  in  accordance  with  the  general  laws  re- 
lating to  elections,  except  as  otherwise  provided  herein. 

(112)  Sec.  2.     The  inhabitants  of  the  City,  having  the 
qualifications  of  electors  under  the  constitution  and  gen- 
eral laws,  shall  be  electors  therein. 

(113)  Sec.  3.     Each  precinct  shall  be  an  election  dis- 
trict, and  elections  shall  be  held  at  such  places  therein 
as  the  City  Commission  shall  designate.     The  residence 
of  an  elector  shall  be  the  precinct  in  which  he  lodges. 

(114)  Setc.  4.     The  City   Commission   shall  appoint 
four  Inspectors  of  Election  for  each  precinct,  who  shall 
be  electors  of  the  precinct  in  which  they  are  appointed. 
In  case  of  the  absence  of  any  Inspector  at  the  time  for  the 
opening  of  the  polls,  the  vacancy  shall  be  filled  by  the 
electors  present.    All  Inspectors  shall  take  the  constitu- 
tional oath  of  office  before  entering  upon  their  duties. 

(115)  Sec.  5.     Suitable  ballot  boxes,  with  locks  and 
keys,  shall  be  provided  by  the  City  Clerk,  at  the  expense 
of  the  City,  and  by  him  deposited  with  the  Inspectors  of 
each  election  precinct  prior  to  the  opening  of  the  polls. 

(116)  Sec.  6.     The  City  Clerk  and  Treasurer,  acting 
as  a  board  of  canvassers,  on  Friday  next  succeeding  any 
election,  at  two  o'clock  in  the  afternoon,  at  the  regular 
place  of  meeting  of  the  legislative  body  of  the  City,  shall 
open  and  canvass  the  returns  certified  to  the  City  Clerk, 
as  hereinafter  provided,  and  declare  the  result  of  the  elec- 
tion :  Provided  that,  in  respect  to  the  municipal  election  to 
be  held  in  December,  1914,  the  Recorder  shall  perform 
all  duties  herein  required  of  the  City  Clerk. 

(117)  Sec.   7.     On  the  first  Tuesday  after  the  first 
Monday  in  November  of  all  odd  numbered  years,  there 
shall  be  a  general  municipal  election  under  this  charter, 
at  which  election  there  shall  be  elected  a  Mayor  and  two 
Commissioners,  whose  term  of  office,  in  each  case,  shall 
commence  on  the  first  day  of  January  next  following: 
Provided,  that  the  first  election  under  this  charter  shall  be 
held   on  the  eighth  day   of   December,   1914,   at  which 
time  there  shall  be  elected  a  Mayor,    and  two  Commis- 

(30) 


sioners  for  the  term  of  one  year,  and  two  Commissioners 
for  the  term  of  three  years. 

(118)  Sec.  8.     The  ballots  for  municipal  officers  shall 
be  separate  from  any  other  ballots  and  shall  be  without 
party  insignia  or -designation  and  shall  be  in  the   same 
general  form  as  for  non-partisan  primary  elections  there- 
for so  far  as  applicable. 

(119)  Sec.  9.     The  Inspectors  of  Election  shall  pro- 
ceed publicly  to  canvass  the  votes  and  declare  the  result 
immediately  after  the  closing  of  the  polls,  and  before  ad- 
journing they  shall  sign  and  seal  a  full  and  true  return 
of  the  results  of  the  same  and  file  the  same  with  the  City 
Clerk.  The  poll  list  and  all  ballots  and  a  copy  of  the  return 
signed  by  them  shall  be  deposited  in  the  ballot  box,  which 
shall  be  locked  carefully,  sealed  and  delivered  to  the  City 
Clerk  immediately  upon  the  adjournment  of  the  Inspec- 
tors. 

(120)  Sec.  10.     The  candidate  receiving  the  highest 
number  of  votes  for  the  office  of  Mayor  shall  be  elected 
to  that  office  and  the  two  candidates  receiving  the  high- 
est number  of  votes  for  Commissioners  shall  be  elected 
members  of  the  City  Commission :    Provided,  that  at  the 
first  election  under  this  charter,  the  two  candidates  for 
Commissioners  for  the  term  of  one  year  receiving  the 
highest  number  of  votes  and  the  candidates  for  Com- 
missioners for  the  term  of  three  years  receiving  the  high- 
est number  of  votes  shall  be  elected  members  of  the  City 
Commission. 

(121)  Sec.  11.     The  expense  of  elections  shall  be  paid 
by  the  City  in  the  same  manner  as  other  contingent  ex- 
penses. 

(122)  Sec.  12.     When  changes  shall  be  made  in  any 
election   precinct   or   a    new    election   precinct   shall   be 
formed  in  whole  or  in  part  from  the  territory  of  other 
precincts,  the  Boards  of  Registration  of  the  respective 
precincts,  affected  by  the  change,  shall  meet  within  ten 
days  after  such  change  or  formation  of  such  new  pre- 
cinct, and  the  name  of  each  registered  elector  known  to 
have  been  transferred  by  such  change  from  one  election 
precinct  to  another  election  precinct,  or  to  a  new  pre- 
cinct, shall  be  copied  into  the  register  of  the  precinct  to 
which  the  transfer  was  made,  and  be  stricken  from  the 
register  of  the  election  district  from  which  the  elector 
was  transferred  by  the  change. 

(31) 


(123)  Sec.  13.     When  a  new  election  precinct  shall  be 
formed,  the  Board  of  Registration  thereof,  at  its  session 
next  preceding  the  next  election  therein,  shall  make  or 
complete  a  new  register  of  the  electors  residing  therein. 
Notice  of  the  formation  of  such  election  precinct,  and  that 
a  new  register  of  the  electors  will  be  made  at  that  session 
shall  be  given  with  the  notice  required  by  law  to  be  given 
of  such  session  of  the  board. 

(124)  Sec.  14.     All  state,  district  and  county  elections 
in  the  City  shall^be  conducted  as  nearly  as  may  be  in 
the    manner    provided    herein    for   the    election    of    City 
officers,  and  the  polls  shall  be  kept  open  for  the  time  re- 
quired by  the  general  laws. 

(125)  Sec.  15.     Special  elections,  not  exceeding  two 
in  one  year,  may  be  called  by  resolution  of  the  City  Com- 
mission and  held  at  such  times  and  places  as  the   City 
Commission  shall  designate,  the  purpose  and  object  of 
which  shall  be  fully  set  forth  in  the  resolution   calling 
such  election  and  in  the  notice  of  election.     The  proceed- 
ings and  manner  of  holding  special  elections  shall  be  the 
same  as  in  the  case  of  regular  elections. 

(126)  Sec.  16.     Notice  of  the  time  and  places  of  hold- 
ing any  election  and  of  the  officers  to  be  elected  and  the 
propositions   to  be  voted   upon   shall,   except   as   herein 
otherwise  provided,  be  given  by  the  City  Clerk  at  least 
eight  days  before  any  such  election,  by  posting  such  no- 
tices in  three  public  places  in  each  election  precinct,  and 
by  publishing  a  copy  thereof  in  a  daily  newspaper  pub- 
lished in  the  City  the  same  length  of  time  before  the  elec- 
tion, and  in  case  of  a  special  election  the  notice  shall  set 
forth  the  purpose  and  object  of  such  special  election  as 
fully  as  the  same  is  required  to  be  set  forth  in  the  resolu- 
tion calling  same. 

FINANCE  AND  TAXATION 

(127)  Sec.  1.     The  fiscal  year  shall  begin  on  the  first 
day  of  January  in  each  year  unless  otherwise  provided 
by  ordinance. 

(128)  Sec.  2.     The  City  Commission  shall  have  au- 
thority to  raise  annually  by  general  taxation  such  sums 
of  money  as  may  be  necessary  to  defray  all  expenses  and 
pay  the  liabilities  of  the  City,  including  the  amount  pro- 
vided for  the  interest  and  sinking  fund  and  to  carry  into 
effect  the  powers  granted  by  this  charter,  not  exceed- 

(32) 


ing  one  per  cent  of  the  assessed  valuation  of  the  City  in 
any  one  year. 

(129)  Sec.  3.  The  revenues  raised  by  general  tax 
upon  all  the  property  in  the  City,  or  by  loan  to  be  paid  by 
such  tax,  shall  be  divided  into  the  following  general 
funds : 

First.  Contingent  Fund — To  defray  the  contingent  and 
other  expenses  of  the  City  for  the  payment  of  which 
no  other  provision  is  made. 

Second.  Fire  Department  Fund — To  defray  the  ex- 
penses of  purchasing  grounds,  erecting  engine  houses 
thereon,  purchasing  engines  and  other  fire  apparatus,  and 
all  other  expenses  necessary  to  maintain  the  fire  depart- 
ment. 

Third.  General  Street  Fund — To  defray  the  expenses 
of  opening,  widening,  extending  and  altering  streets, 
alleys  and  public  grounds ;  for  paving,  repaving  and  re- 
pairing the  same  when  not  provided  for  by  special  assess- 
ment; for  cleaning  and  sprinkling  public  streets,  alleys 
and  grounds  and  for  the  construction  and  repair  of  cross- 
walks, and  paving  gutters. 

Fourth.  General  Sewer  Fund — To  defray  the  ex- 
penses of  sewers,  drains,  ditches,  and  drainage,  when  not 
provided  for  by  special  assessment,  and  the  improvement 
of  water  courses. 

Fifth.  Bridge  Fund — For  the  construction  and  main- 
tenance of  bridges  and  culverts. 

Sixth.  Water  Fund — For  constructing  reservoirs  and 
cisterns,  and  providing  other  supplies  of  water;  for  main- 
taining water  works  and  extending  water  pipes. 

Seventh.  Public  Building  Fund — For  providing  for 
public  buildings,  including  library  buildings,  and  for  the 
purchase  of  land  therefor,  and  for  the  erection,  preser- 
vation and  repair  of  any  such  buildings,  city  halls,  offices, 
prisons,  watch  houses,  and  hospitals,  as  the  City  Com- 
mission is  authorized  to  erect  and  maintain,  and  not 
herein  otherwise  provided  for. 

Eighth.  Police  Fund — For  the  maintenance  of  the 
police  of  the  City  and  to  defray  the  expenses  of  the  arrest 
and  punishment  of  those  violating  the  ordinances. 

Ninth.     Cemetery  Fund. 

Tenth.     Park  Fund. 

Eleventh.     Hospital  Fund. 

(33) 


Twelfth.  Interest  and  Sinking  Fund — -For  the  pay- 
ment of  the  public  debt  of  the  City  and  the  interest  there- 
on. 

Thirteenth.  Sidewalk  Fund — For  the  construction,  re- 
pairing and  cleaning  of  sidewalks. 

Fourteenth.  Lighting  Fund — For  lighting  streets, 
parks  and  other  public  places. 

Fifteenth.  Such  other  general  funds  as  the  City 
Commission  may  from  time  to  time  constitute. 

(130)  Sec.  4.     Revenues  and  moneys  raised  by  tax- 
ation in  special  districts  of  the  City  shall  be  divided  into 
special  funds.     Any  money  raised  by  special  assessment 
levied  in  any  special  assessment  district  to  defray  the  ex- 
penses of  any  work,  paving,  sewer,   sidewalk,   or  other 
improvement,  or  repairs,  or  drainage  therein,  shall  con- 
stitute a  special  fund  for  the  purpose  for  which  it  was 
raised;  and   whenever  any   special   assessment  shall   be 
confirmed  by  the   City   Commission   and  ordered  to   be 
levied  or  collected,  the  City  Clerk  shall  transfer  to  the 
said  special  fund  any  sum  of  money  that  may  have  been 
appropriated  by  the  City  Commission  from  any  general 
fund  for  defraying  a  portion  of  the  cost  of  the  particular 
improvement,  work  or  repairs,  for  which  the  said  assess- 
ment was  made. 

(131)  Sec.  5.     The  City  Commission  may  at  any  time 
after  the  first  day  of  September  in  each  year,  anticipate 
the  collection  of  the  tax  of  the  succeeding  year,  appro- 
priated to  the  general  street  fund,  to  an  extent  not  ex- 
ceeding  fifty   per   cent   of   that   fund   in    the   preceding 
budget,  for  the  purposes  of  the  general  street  fund,  and 
to  issue  certificates  of  indebtedness  payable  out  of  such 
tax,  in  payment  of  the  same. 

(132J  Sec.  6.  The  City  Commission  shall  raise  an- 
nually not  less  than  one  and  one-half  mills  on  the  dollar 
of  the  assessed  valuation  of  the  property  in  the  City  to 
provide  an  interest  and  sinking  fund  to  pay  the  funded 
debts  of  the  City  and  interest  thereon :  Provided,  how- 
ever, that  not  less  than  twenty-five  per  cent  of  the 
amount  realized  from  the  sale  or  use  of  water  shall  be 
set  apart  by  the  City  Commission  as  a  sinking  fund  for 
the  payment  of  the  bonds  issued  by  the  City  for  the 
maintenance,  extension  or  repair  of  the  water  works  and 
the  interest  accruing  thereon,  and  so  much  of  the  receipts 
thus  realized  from  the  sale  or  use  of  water  as  shall  not 

(34) 


be  set  apart  as  aforesaid  shall  be  used  for  the  main- 
tenance, repair,  improvement  and  extension  of  the  water 
works,  and  for  no  other  purpose,  unless  the  City  Com- 
mission shall,  by  a  vote  of  four  of  its  members,  otherwise 
order  by  resolution. 

(133)  Sec.  7.  The  City  Commission  shall  provide  for 
a  system  of  accounting  which  shall  conform  to  any 
uniform  system  required  by  law,  and  for  the  auditing  of 
the  accounts  of  the  City.  At  least  once  a  year  there  shall 
be  an  audit  by  an  expert  accountant  who  is  not  a  regular 
employe  of  the  City. 

THE  ANNUAL  BUDGET 

i .134)  Sec.  1.  On  or  before  the  fifteenth  day  of  Sep- 
tember of  each  year  the  City  Manager  shall  submit  to  the 
City  Commission  an  estimate  of  the  expenditures  and 
revenues  of  the  City  for  the  ensuing  year.  This  esti- 
mate shall  be  compiled  from  detailed  information  ob- 
tained from  the  several  departments.  The  classification 
of  the  estimate  shall  conform  as  nearly  as  may  be  to  the 
various  funds  provided  for  in  Section  3  of  the  subject 
"Finance  and  Taxation"  of  this  charter.  The  City  Man- 
ager shall  make  a  recommendation  as  to  the  amounts  to 
be  appropriated  for  each  fund  with  the  reasons  therefor, 
and  such  detail  as  the  City  Commission  may  direct. 

(135)  Sec.  2.     Upon  receipt  of  such  estimate  the  City 
Commission   shall   prepare   an   appropriation   resolution, 
to  be  known  as  the  "Annual  Budget,"  but  before  adopting 
such  tentative  appropriation,  the  City  Commission  shall 
fix  a  time  and  place- for  holding  a  public  hearing  thereon 
and  shall  give  notice  of  such  hearing.     The  City  Com- 
mission shall  not  pass  the  budget  until  five  days  after 
such  public  hearing.     The  budget  shall  be  adopted  not 
later  than  October  15  of  each  year:     Provided,  that  the 
budget  for  1915  shall  be  presented  and  adopted  as  soon 
as  practicable  after  January  1,  1915. 

(136)  Sec.   3.     The   City    Commission   may   transfer 
any  part  of  an  unencumbered  balance  of  an  appropriation 
to  a  purpose  for  which  the  appropriation  for  the  current 
year  has  proven  insufficient  or  may  authorize  a  transfer 
to  be  made  between  items  appropriated  to  the  same  fund. 

(13?)  Sec.  4.  The  City  Commission  shall  specify  in 
the  annual  budget  the  purposes  for  which  such  appropri- 
ations are  made,  and  the  amount  appropriated  for  each 

(35) 


purpose  and  to  each  of  the  general  or  special  funds.  It 
shall  also  designate  in  said  budget  the  amount  or  part  of 
any  special  assessment,  or  other  sum,  which  may  be  re- 
quired to  be  levied  or  re-assessed  with  the  next  general 
tax  and  the  disposition  to  be  made  of  such  moneys.  It 
shall  also  designate  in  said  budget  any  local  improvement 
which  it  shall  deem  advisable  to  make  during  the  ensuing 
fiscal  year  to  be  paid  for  in  whole  or  in  part  by  special 
assessments,  and  the  estimated  cost  thereof;  and  shall, 
at  the  same  time  by  resolution,  levy  the  aggregate  of  the 
taxes  mentioned  in  such  budget  upon  the  taxable  prop- 
erty within  the  City. 

(138)  Sec.  5.     Such  resolution  shall  declare  that  each 
and  every  item  of  construction  or  repairs  therein  provid- 
ed for,  is  determined  by  the  City  Commission  to  be  a 
necessary  public  improvement,  and  no  further  declaration 
in  that  regard  shall  be  required. 

BONDING 

(139)  Sec.  1.     The  bonded  indebtedness  of  the  City 
shall  not  at  any  time  hereafter  exceed  three   per  cent 
of  the  real  and  personal  property  therein  according  to  the 
assessed   valuation   thereof,   unless    such   limit   shall   be 
raised  or  lowered  by  a  two-thirds  vote  of  the  electors 
voting  on  the  question,  at  a  regular  or  special  election, 
and  no  bonds  shall  be  issued  without  providing  a  sinking 
fund  to  pay  them  at  maturity,,  but  no  sinking  fund  shall 
be  required  in  the  case  of  serial  bonds  which  fall  due  an- 
nually. 

(140)  Sec.  2.     In  case  of  fire,  flood  or  other  calamity, 
the  City  Commission,  by  the  affirmative  vote  of  four  of 
its  members,  may  borrow,  for  the  relief  of  the  inhabitants 
of  the  City,  and  for*  the  preservation  of  municipal  prop- 
erty, a  sum  not  to  exceed  one-tenth  of  one  per  centum  of 
the  assessed  value  of  all  real  and  personal  property  in  the 
City,  or  in  case  of  other  unforeseen  contingencies,  a  sum 
not  exceeding  five  thousand  dollars  in  one  year,  due  in 
any  case  in  not  more  than  three  years.     If  necessary  to 
meet  the  ordinary  running  expenses  of  the  City,  as  pro- 
vided for   in  the  budget,  the   City   Commission,  by  the 
affirmative  vote  of  four  of  its  members,  may  anticipate 
the  collection  of  taxes  therefor,  by  loans  payable  not  later 
than  September  1st  next  following:    Provided,  that  such 

(36) 


anticipated  taxes,  when  collected,  shall  be  used  in  repay- 
ing- such  loans  and  for  no  other  purpose. 

(141)  Sec.  3.     After  the  passage  of  the  annual  budget 
there  shall  not  be  raised  or  expended,  or  liability  incurred, 
for  any  sum  not  covered  by  the  budget,  during1  the  ensu- 
ing fiscal  year,  except  as  provided  in  the  preceding  sec- 
tion, and  except  the  liability,  not  accruing  within  the  year, 
upon  contracts  not  prohibited  by  the  provisions  of  Sec- 
tion 3  under  the  subjects  "Contracts ;"  but  if  a  greater 
amount  be  required  in  any  year  for  the  purpose  of  erect- 
ing public  buildings  or  for  the    purchase    of    grounds 
therefor,  or  for  other  public  improvements  or  purposes, 
to  be  paid  for  from  the  general  funds  of  the  City,  than 
can  be  raised  by  the  City  Commission  under  the  fore- 
going provisions  of  this  charter,  such  amount  may  be 
raised  by  loan  secured  by  the  bonds  of  the  City,  if  author- 
ized by  a  majority  vote  of  the  electors  voting  on  such 
question  at  any  regular  or  special  election.     Such  loan 
shall  be  payable  at  such  times  as  the  City  Commission 
shall  direct :   Provided,  that  the  City  Commission  may,  by 
an   affirmative   vote  of    four    of    its    members,    author- 
ize in  any  year  an  issue  of  bonds  for  the  purpose  of  pay- 
ing matured  or  maturing  bonds  of  the  City. 

(142)  Sec.   4.     The   proposition   to   raise   such   addi- 
tional amount  shall  be  submitted  to  a  vote  of  the  electors, 
by  a  resolution  of  the  City  Commission,  approved  by  a 
vote    of    four    of    its    members,    distinctly    stating    the 
purpose  of  the  proposed  expenditures, and  the  amount  pro- 
posed to  be  raised,  which  resolution  when  adopted,  shall 
be  published  in  the  official   newspaper  of  the  City,  and 
notice  thereof  posted  in  ten  public  places  in  each  voting 
precinct  in  the  City,  at  least  eight  days  before  the  election 
at  which  the  vote  is  to  be  taken. 

(143)  Sec.  5.     The  proceeds  of  any  bond  issue  shall 
be  paid  into  the  City  treasury  and  credited  to  the  fund 
for  which  they  are  issued,  and  shall  not  be  used  for  any 
purpose  other  than  the  purpose  for  which  issued. 

(144)  Sec.   6.     No   loan,  bond,  or  other  evidence  of 
debt,     not  expressly  authorized  -by  this  charter,  or  any 
law  hereby  continued  in   force,  shall   be  issued  by  the 
City. 

(145)  Sec.    7.     The    City    Clerk    shall   keep   a   record 
showing  the  dates,  numbers  and  amounts  of  all  bonds 


(37) 


issued  under  the  authority  of  this  charter  and  when  the 
same  are  due. 

(146)  Sec.  8.     The  City  Commission  shall  incur  no 
expense,  nor  create  or  pay  any  debt  or  liability,  contrary 
to  or  not  authorized  by  the  provisions  for  this  charter,  and 
shall  not  appropriate,  or  use  the  moneys  of  the  City,  ex- 
cept as  authorized  by  and  in  pursuance  of  Jaw. 

(147)  Sec.  9.     The  faith,  credit  and  property  of  the 
City  shall  remain  pledged  for  the  final  payment  of  all 
bonds  issued,  and  all  money  borrowed,  by  authority  of 
and  in  accordance  with  this  charter  or  any  other  law  or 
ordinance  heretofore  in  force. 

ASSESSOR 

(148)  Sec.  1.     Upon  the  appointment  of  Supervisors 
in  January  of  each  year  one  of  them  shall  be  designated 
by  the  City  Commissioii  as  the  Assessor.      His  term  of 
office  shall  begin  on  the  first  day  -of  February  of  each 
year  and  he  shall  hold  office  during  the  pleasure  of  the 
City  Commission,  but  not  to  exceed  one  year  unless  re- 
appointed.     A  vacancy  in  the  office  of  Assessor  may  be 
filled  by  the  City  Commission  at  any  time. 

(149)  Sec.  2.     Said  Assessor  shall  have  and  exercise 
the  same  powers  and  duties  relating  to  the  making  of  the 
assessment  rolls   as  is  given  the   supervisors  of  town- 
ships by  the  general  laws,  and  he  shall  be  governed  by 
such   laws,    except    as   herein    otherwise   provided.     He 
shall  make  an  assessment  roll  for  each  ward  and  shall 
deliver  such  rolls  to  the  Board  of  Review  on  the  first 
Monday  in  May  of  each  year. 

(150)  Sec.  3.     All  assessments  shall  be  a  lien  upon 
the  premises  assessed  when  the  roll  is  delivered  to  the 
Treasurer    of    the    City    for    collection.       If,    by    mis- 
take or  otherwise,  any  person  be  improperly  designated 
as  the  owner  of  any  lot,   tenement  or  premises,   such 
assessment  or  tax  shall  not  for  that  cause  be  invalidated, 
but  the  same  shall  be  a  lien  on  such  lot,  tenement  or 
premises  and  collected  as  in  other  cases.     The  Assessor 
shall  have  power  and  authority  to  demand  of  every  per- 
son owning  or  having  in  charge  as  agent  or  otherwise 
any  property  taxable  in  the  City,  a  list  of  such  property 
with  such  description  as  will  enable  him  to  assess  the 
same. 

(38) 


(151)  Sec.   4.     The   Assessor    and    City    Commission 
shall  select  and  return  from  each  ward  of  the  City  sep- 
arate lists  of  grand  and  petit  jurors  to  the  Clerk  of  the 
county,  in  the  same  manner  and  within  the  same  time  as 
the  like  duty  is  required  to  be  performed  by  the  super- 
visors and  clerks  in  townships. 

(152)  Sec.   5.     The   Assessor   shall   make  all   special 
assessments   as   hereinafter  provided   and  perform   such 
other  duties  as  are  prescribed  by  this  charter  or  may  be 
required   by   the   City   Commission. 

BOARD  OF  REVIEW 

(153)  Sec.    1.     There    shall   be   a   Board   of   Review, 
consisting-  of  three  members,  to  be  appointed  by  the  City 
Commission,   one   in  January  of  each   year,   and   whose 
term  of  office  shall  commence  on  the  first  day  of  February 
next  following  and  shall  continue  three  years :    Provided, 
that  in  January,  1915,  three  members  of  said  board  shall 
be  so  appointed,  to  serve  for  terms  of  one,  two  and  three 
years  respectively,  commencing  February  1,  1915.     Va- 
cancies in  said  board  may  be  filled  by  the  City  Commis- 
sion at  any  time. 

(154)  Sec.   2.     The   Board  of  Review  shall  meet  at 
such  place  as  may  be  provided  for  it  in  the  City,  on  the 
first  Monday  in  May  of  each  year,  and  there  proceed  to 
review%  amend  or  correct  the  assessments  made  by  the 
Assessor  and  for  that  purpose  said  board  shall  have  the 
same  powers  and  perform  the  same  duties  in  all  respects 
as  boards  of  review  in  townships  in  reviewing,  amend- 
ing and  correcting  assessments.     Said  board  shall  con- 
tinue in  session  not  less  than  five  nor  more  than  fifteen 
days,  for  the  purpose  of  completing  such  review.    Notice 
of  the  time  and  place  of  meeting  of  such  board  shall  be 
given  by  the  City  Clerk,  by  publication  in  the  official 
newspaper  of  the  City,  and  by  posting  or  causing  to  be 
posted  five  copies  of  such  notice  in  each  election  pre- 
cinct, at  least  one  week  before  the  time  of  the  review. 

(155)  Sec.  3.     The  Board  of  Review  shall  have  power 
and  it  shall  be  its  duty  to  amend  and  correct  any  assess- 
ment or  valuation  and  to  place  upon  the  assessment  roll 
of  the  City  any  taxable  property,  real  or  personal,  not 
already  assessed,  held  or  owned  by  any  person  or  persons, 
and  to  strike  from  said  rolls  any  property,  real  or  per- 
sonal, wrongfully  thereon.    Any  person  considering  him- 

(39) 


self  aggrieved  by  reason  of  any  assessment,  may  com- 
plain thereof  either  verbally  or  in  writing  before  said 
board,  and  on  cause  being  shown  to  the  satisfaction  of 
such  board,  it  shall  review  the  assessments  complained 
of,  and  may  alter  and  correct  the  same  and  may  increase 
or  diminish  any  assessment  as  justice  may  require.  The 
concurrence  of  a  majority  of  the  board  shall  be  sufficient 
to  decide  any  question  of  altering  or  correcting  any 
assessment  complained  of. 

(156)  Sec.    4.     The    board    shall    elect    one    of    its 
members  as  chairman.    The  City  Clerk  shall  be  the  clerk 
of  said  board.     It  shall  be  the  duty  of  said  clerk  to  keep 
a  record  of  all  the  proceedings  of  said  board  in  a  book 
provided  for  that  purpose,  to  make  regular  entries  of  all 
resolutions  and  decisions  on  all  questions,  to  record  the 
vote  of  each  member  on  any  question  submitted  to  the 
board,  if  required  by  any  member  present,  and  to  file  and 
preserve  all  petitions,  affidavits  and  other  written  doc- 
uments presented  to  the  board.     No  assessment  shall  be 
changed,  except  by  a  motion  or  resolution  adopted  by  a 
majority  of  the  members  of  said  board,  which  motion  or 
resolution  shall  state  the  amount  at  which  the  assessment 
is  fixed  as  reviewed  by  the  board.     Each  day's  proceed- 
ings of  said  board  shall  be  read,  approved  and  signed  by 
the  chairman  thereof.     The   Assessor    shall    attend    all 
meetings  of  the  Board  of  Review  and  shall  give  such-  in- 
formation as  shall  be  required  of  him,  but  shall  have  no 
vote. 

(157)  Sec.  5.     At  the  conclusion  of  the  review  of  said 
rolls  said  board  shall  attach  its  certificate  signed  by  a 
majority  of  said  board  to  said  rolls  showing  they  have 
been     reviewed    by     said     board    as    required     in    this 
charter.      No   person   other   than   the   members   of   said 
board  shall  make  any  change  in  or  additions  or  correc- 
tions to  said  rolls.    Said  Board  of  Review  shall  keep  said 
rolls  carefully  in  its  custody  during  the  time  it  is  in  ses- 
sion,  and   at   the   conclusion    thereof   deliver    said   rolls 
duly  certified  to  the  City  Clerk. 

(158)  Sec.  6.     The  City  Clerk  shall  immediately  pro- 
ceed to  make  therefrom  complete  copies  of  such  assess- 
ment rolls  for  the  use  of  the  City  Commission,  which 
shall  be  deemed  the  City  assessment  roll  for  that  year. 
When  such  copies  shall  be  completed,  and  within  fifteen 
days  after  receiving  such  rolls,  the  City  Clerk  shall  re- 

(40) 


deliver  the  same  to  the  Assessor  to  be  used  for  state, 
county  and  school  purposes :  Provided,  that  the  City 
Commission  may  extend  the  time  of  redelivering  said 
rolls  as  aforesaid  not  to  exceed  fifteen  days. 

ASSESSMENT  AND  COLLECTION  OF  TAXES 

(159)  Sec.  1.     It  shall  be  the  duty  of  the  City  Clerk, 
under  the  direction  of  the   City  Commission,  whenever 
the  assessment  rolls  shall  have  been  completed,  in  each 
and  every  year,  to  assess  the  taxes  that  have  been  levied 
by  the  City  Commission  for  the  year  upon  the  taxable 
property  of  the  City,  according  or  in  proportion  to  the 
individual  and  particular  estimate  and  valuation,  as  spec- 
ified in  the  assessment  rolls  of  the  City  for  the  year.     He 
shall    thereupon    deliver   to   the   Treasurer    said    assess- 
ment rolls  with  the  taxes  for  the  general  funds  of  the 
City  for  the  year  annexed  to  each  valuation  and  carried 
out  in  a  separate  column  thereof,  and  if  there  be  other 
taxes  assessed  than  for  said  general  funds,  they  shall  be 
carried  out  in  separate  columns,  and  all  special  assess- 
ments required  by  the  City  Commission  or  by  the  pro- 
visions of  this   charter  to  be  assessed  against  any  de- 
scription of  land,  shall  be  carried  out  in  separate  columns 
thereof,  and  the  total  amount  of  taxes  and  assessments 
shall  be  carried  out  in  the  last  column  of  said  rolls. 

(160)  Sec.  2.     Whenever  in  consequence  of  a  defec- 
tive description  or  assessment  of  any  lands,  the  same 
cannot  be  sold  for  city  taxes  of  any  year,  the  City  Com- 
mission may  cause  such  taxes  to  be  reassessed  upon  said 
lands,  with  the  next  or  any  subsequent  annual  tax  levy. 
It  shall  be  the  duty  of  the  City  Clerk  to  annually  report 
to  the  City  Commission  such  defective  descriptions  and 
assessments  before  the  annual  tax  levy. 

(161)  Sec.  3.     The  City  Commission  shall  have  the 
power  at  any  time  after  the  rolls  have  passed  into  the 
hands  -of   the    Treasurer,    by    resolution,    to    direct    the 
Treasurer  to  place  upon  the  assessment  and  tax  rolls  any 
personal   property  within   the  City   which   has  not  been 
assessed,   and    for   the    purpose    thereof   the    City    Com- 
mission shall  have  the  power  of  fixing  the  amount  of  such 
assessment,  and  it  shall  be  the  duty  of  the  Treasurer  ,to 
place  the  same  upon  the  assessment  rolls  and  to  carry  out 
opposite  said  assessment  the  amount  of  taxes  according 
to  the  percentage  on  all  other  property  in  the  City,  and 

(41) 


the  City  Commission  shall  have  the  power,  where  land 
is  platted  or  subdivided  after  being  assessed,  to  reassess 
the  total  assessment  upon  the  respective  subdivisions : 
Provided,  that  before  any  such  new  assessment  shall  be 
placed  on  the  roll  or  taxes  spread  thereon,  the  corpo- 
ration or  person  so  assessed  shall  be  notified  in  such  man- 
ner as  the  City  Commission  shall  direct,  and  he  shall  have 
a  reasonable  time  in  which  to  appear  before  the  City 
Commission,  and  the  person  so  assessed  shall  have  the 
right  to  file  or  make  any  objection  thereto  as  he  may  de- 
sire, and  the  City  Commission  shall  consider  such  ob- 
jection and  after  any  revision,  change  or  alteration,  shall 
by  resolution  confirm  the  same,  but  it  shall  have  no 
authority  to  alter,  revise  or  amend  any  assessment  re- 
viewed by  the  Board  of  Review.  The  taxes  spread  upon 
personal  property  shall  be  and  remain  a  lien  upon  said 
property  from  the  time  of  their  assessment,  and  such  lien 
shall  take  precedence  of  all  mortgages  and  transfers  made 
thereon  after  such  assessment,  and  in  the  event  of  the  sale 
of  said  property,  or  the  attempted  removal  thereof  from 
the  City  of  Jackson,  the  Treasurer  of  the  City  shall  have 
the  power  and  authority  to  collect  the  amount  of  such 
personal  tax,  and  the  said  treasurer  shall  proceed  in 
like  manner  to  collect  said  taxes  as  he  might  or  could 
at  the  time  the  general  rolls  passed  into  his  hands  for  col- 
lection. 

(162)  Sec.  4.     Upon  the  completion  of  said  tax  rolls 
they  shall  be  delivered  to  the  Treasurer  of  the  City.     The 
Treasurer  upon  receiving  such  tax  rolls  shall  give  notice 
to  the  taxpayers  of  the  City  that  the  same  have  been  de- 
livered to  him  and  that  the  taxes  therein  assessed  can  be 
paid  to  him  at  his  office  in  the  City  at  any  time  within 
thirty  days  after  the  giving  of  such  notice,  without  charge 
for  collection,  which  notice  shall  be  given  by  publishing 
the  same  in  .two  newspapers  published  in  the  City  and  by 
posting  the  same  in  at  least  three  public  places  m  each 
precinct  in  the  City,  and  affidavits,  showing  the  publica- 
tion and  posting  of  said  notices  shall  be  filed  by  him  in 
the  office  of  the  City  Clerk. 

(163)  Sec.  5.     Immediately  after  the  expiration  of  the 
time  mentioned  in  said  notice,  the  City  Clerk  shall  deliver 
to  the    Treasurer    a    warrant    under    the    hand    of    the 
City  Clerk  and  the  seal  of  the  City,  commanding  him  to 
collect  from  the  several  persons  named  in  said  rolls,  whose 

(42) 


taxes  remain  unpaid,  the  several  sums  mentioned  in  the 
last  column  thereof,  opposite  their  respective  names,  and 
in  addition  thereto  one  per  cent  upon  all  sums  paid  dur- 
ing- the  first  month  after  the  expiration  of  said  notice  and 
one  per  cent  additional  for  each  month  or  part  of  a  month 
thereafter  during  which  any  sum  shall  remain  unpaid, 
for  collection  expenses  on  or  before  the  day  specified  in 
such  warrant,  and  it  shall  authorize  the  Treasurer  in  case 
any  person  shall  neglect  or  refuse  to  pay  his  tax  and  said 
collection  expenses,  to  levy  the  same  by  distress  and  sale 
of  the  goods  and  chattels  of  such  person :  Provided,  such 
warrant  may  be  renewed  or  extended  by  the  City  Commis- 
sion from  time  to  time,  but  not  to  exceed  six  months  from 
date  of  the  original  warrant. 

(164)  Sec.  6.  The  Treasurer,  upon  receiving  the 
warrant  mentioned  in  the  preceding  section,  shall  pro- 
ceed to  collect  the  taxes  and  assessments  therein  men- 
tioned that  remain  unpaid  and  shall  call  upon  each  per- 
son whose  taxes  or  assessments  remain  unpaid,  if  a  resi- 
dent of  the  City,  at  least  once,  and  demand  payment  of 
the  taxes  and  assessments  charged  to  him  upon  said  rolls, 
and  percentage  for  the  collection  of  the  same,  and  in  case 
of  refusal  or  neglect  to  pay  such  taxes  or  assessments  and 
collection  percentage,  the  Treasurer  shall  levy  the  same 
by  distress  and  sale  of  the  goods  and  chattels  of  every 
such  person,  wherever  found  within  the  City,  and  may 
take  any  property  that  can  be  taken  by  township  treas- 
.  urers  in  the  collection  of  taxes ;  he  shall  give  the  same 
notice  and  sell  in  the  same  manner  as  township  treasurers 
are  required  to  do  in  the  collection  of  taxes,  and  any  sur- 
plus shall  be  returned  to  the  person  in  whose  possession 
said  property  was  when  the  distress  was  made.  The 
Treasurer,  if  otherwise  unable  to  collect  a  tax  on  personal 
property  may  sue  the  person,  firm  or  corporation  to 
whom  it  is  assessed  in  the  name  of  the  City  and  garnishee 
any  debtor  or  debtors  of  such  person,  firm  or  corporation, 
and  the  tax  rolls  shall  be  prima  facie  evidence  of  the  debt 
sought  to  be  recovered;  and  the  Treasurer  shall,  within 
ten  days  after  the  time  mentioned  in  his  warrant  for  the 
collection  of  said  unpaid  taxes  and  assessments,  return 
said  tax  rolls  into  the  office  of  the  City  Clerk,  and  in  case 
any  of  the  taxes  or  assessments  mentioned  in  said  rolls 
shall  remain  unpaid,  and  he  shall  be  unable  to  collect  the 
same,  he  shall  make  out  a  statement  of  the  taxes  and 

(43) 


assessments  remaining  unpaid  and  due,  with  a  full  and 
perfect  description  of  such  premises  from  said  rolls,  and 
shall  attach  thereto  an  affidavit  that  the  sums  mentioned 
in  said  statement  remain  unpaid,  and  that  he  has  not, 
upon  diligent  inquiry,  been  able  to  discover  any  goods  or 
chattels  belonging  to  the  person  charged  with  or  liable 
to  pay  such  tax  or  assessment.  And  thereupon  and  im- 
mediately upon  the  completion  of  such  statement,  the 
Treasurer  shall  file  the  same  with  the  Treasurer  of 
the  County  of  Jackson,  and  thereupon  all  of  the  unpaid 
taxes  upon  real  property  set  forth  in  said  statement  shall 
be  collected  under  the  general  laws  in  the  same  manner 
and  with  like  effect  as  delinquent  lands  returned  by  the 
township  treasurers,  but  for  the  benefit  of  the  City  of 
Jackson, and  the  Treasurer  of  the  City  shall  have  the  right 
to  appear  at  the  sale  of  such  lands,  if  any  shall  be  made 
by  the  County  Treasurer,  and  bid  the  same  in  if  necessary 
for  the  benefit  of  the  City. 

(165)  Sec.  7.     The  Assessor  shall  perform  the  duties 
in  and  for  the  City  that  the  supervisors  of  townships,  un- 
der the  general  laws  are  required  to  perform  in  relation 
to  the  assessing  of  property  and  levying  of  taxes  for  state, 
county  and  school  purposes,  and  he  shall  also  deliver  the 
tax  rolls  and  issue  the  warrant  to  the  Treasurer  of  the  City 
for  the  collection  of  such  taxes  in  the  same  manner  as  the 
supervisors  of  townships  issue  warrants  to  the  treasurers 
of  townships  for  the  collection  thereof.     The  Treasurer 
shall  thereafter  proceed  with  the  collection  of  the  taxes  on 
said  rolls  in  accordance  with  the  general  laws,  and  shall 
have  the  same  power  in  this  connection  as  a  township 
treasurer,  except  that  the  fees  for  the  collection  of  said 
taxes  shall  belong  to  the  City  and  shall  be  by  said  Treas- 
urer, paid  into  the  city  treasury. 

(166)  Sec.  8.     All  state,  county  and  school  taxes  in 
the  City,  and  all  city  and  highway  taxes  shall  be  assessed 
and  levied  upon  the  same  property,  and  collected,  as  near 
as  may  be,  in  the  same  manner  as  is  provided  by  law  for 
the  assessment  and  collection  of  like  taxes  by  township 
officers,  except  as  herein  otherwise  provided,  and  all  pro- 
ceedings for  the  return,  sale  and  redemption  of  real  es- 
tate for  the  non-payment  of  taxes  shall  be  in  conformity 
with  the  proceedings  for  the  return,  sale  and  redemption 
of  real  estate  by  township  officers,  except  as  herein  other- 
wise provided. 

(44) 


(167)  Sec.  9.     The  Treasurer  shall  on  the  first  day  of 
December  in  each  year  give  notice,  by  publication  once 
in  each  week  for  two  successive  weeks  in  one  newspaper 
published  in  the  City,  and  by  posting  the  same  in  three 
public  places  in  each  precinct,  that  the  rolls  are  in  his 
office,  and  the  time  when  by  law  he  will  be  authorized 
to  receive  the  taxes  thereon,  but  any  defect  in  said  notice 
or  any  omission  to  comply  with  the  provisions  of  this  sec- 
tion shall  not  invalidate  said  tax   rolls  or  any  measure 
thereafter  to  be  taken  to  enforce  collection  of  the  taxes 
thereon. 

(168)  Sec.    10.     The    City    Commission    may    refund 
taxes  and  assessments  that  have  been  illegally  assessed 
or  collected,  and  may  vacate  any  such  tax  or  assessment, 
and  fix  upon  an  amount  to  be  received  in  lieu  thereof; 
but  no  such  action  on  the  part  of  the  City  Commission 
shall  in  any  way  affect  or  invalidate  any  other  tax  or 
assessment  levied  or  collected. 

PUBLIC  GROUNDS 

(169)  Sec.   1.     The   City   Commission    may    acquire, 
purchase,  own,  lease  and  maintain  for  the  use  of  the  City, 
such   real   estate  as  may  be   necessary  for  parks,   cem- 
eteries, playgrounds  or  for  other  public  purposes.     Such 
public  grounds  may  be  within  or  without  the  City. 

(170)  Sec.  2.     The  City  Manager,  subject  to  the  ordi- 
nances and  resolutions  of  the  City  Commission,  shall  have 
the  management,  supervision,  care  and  improvement  of 
all  public  grounds ;  shall  have  charge  of  the  laying  out, 
establishment,   vacating   and   discontinuing   such   public 
grounds  and  the  lighting  and  ornamenting  of  the  same, 
and  shall  see  that  the  same  are  protected  from  obstruc- 
tions, encroachment,  injuries  and  nuisances. 

(171)  Sec.  3.     The  City  Commission  may  cause  cem- 
eteries to  be  platted  and  the  plats  thereof  to  be  recorded 
in  the  office  of  the  City  Clerk,  and  shall  fix  the  price  of 
lots  in  said  cemeteries.     All  deeds  of  conveyance  of  said 
property  shall  be  executed  in  behalf  of  the  City  by  the 
City  Clerk  and  Mayor  and  be  recorded  in  the  office  of  the 
City  Clerk  at  the  expense  of  the  purchaser  thereof. 

(172)  Sec.  4.     The  City  Commission  shall  make  such 
regulations  for  the  burial  of  the  dead,  the  care,  manage- 
ment and  protection  of  the  grounds,  monuments  and  ap- 
purtenances of  the  cemeteries,  buildings  and  other  im- 

(45) 


provements  in  all  parks  or  public  grounds  and  for  the 
public  use  and  enjoyment  thereof  and  the  orderly  con- 
duct of  persons  therein,  as  may  be  consistent  with  the 
general  laws. 

(173)  Sec.  e5.     All  moneys  raised  by  taxation  for  cem- 
eteries and  all  moneys   received  from  the   sale  of  lots 
therein  shall  be  paid  into  the  city  treasury  to  the  credit 
of  the  cemetery  fund,  and  all  funds  raised  or  received  on 
account  of  other  public  grounds,    public    buildings    or 
property,  shall  be  paid  into  the  city  treasury  to  the  credit 
of  the  park  fund :    Provided,  that  the  City  Commission 
may  transfer   any   balance   remaining  in   either   of   said 
funds  at  the  close  of  tl^e   fiscal  year  to  the  contingent 
fund. 

(174)  Sec.  6.     The  owners  of  any  lots  or  parcels  of 
land  in  any  cemetery,  now  or  hereafter  owned  by  the 
City  of  Jackson,  within  or  without  its  corporate  limits, 
may  pay  or  donate  to  the  City  such  sums  of  money  as 
they  may  respectively  deem  sufficient  for  the  perpetual 
care  and  preservation  of  lots  or  parcels  of  land,  and  the 
monuments,  tombs,  headstones,  markers,  urns  and  other 
personal  property,  used  in  connection  therewith,  which 
sums  of  money  shall  be  received  by  the  City  in  trust,  to 
invest  the  principal  and  expend  the  net  income  annually, 
so  far  as  sufficient  for  the  purpose  above  specified,  sub- 
ject  to   the   rules  and   regulations   governing  said  cem- 
eteries; but  in  case  any  such  income  shall  be  insufficient 
for  all  the  purposes  mentioned,  the  City  Commission  may 
apply  the  same  so  as  to  accomplish  as  nearly  as  may  be 
the  purpose  of  the  donor.  Such  money  may  be  paid  or  do- 
nated by  the  owner  personally  or  as  provided  by  his  will, 
or  by  his  heirs  or  any  member  of  his  family,  or  other  per- 
sons desiring  that  the  same  be  perpetually  cared  for,  as 
herein  provided.   As  the  sums  of  money  paid  or  donated 
from  time  to  time  will  necessarily  be  small,  and  increase 
as  time  goes  on,  and  the  expense  and  labor  of  keeping 
them  invested  in  safe  and  productive  outside  securities 
will  be  considerable,  the  City  Commission,  if  deemed  by  it 
advisable,  may,  by  ordinance,  provide  that  instead  of  in- 
vesting said  principal  in  outside  securities  they  shall  con- 
stitute a  trust  fund  which  may  be  used  by  the  City,  and 
the  City  shall  annually  raise  by  taxation  four  per  cent 
upon  such  trust  fund,  which  shall  be  used  and  expended 
seasonably  each  year,  so  as  to  accomplish  the  purpose  of 

(46) 


those  paying  or  giving  said  money  and  add  to  the  appear- 
ance of  said  cemetery,  and  for  no  other  purpose  what- 
ever. 

(175)  Sec.  7.     The  Ella  W.  Sharp  Park,  in  the  Town- 
ship of  Summit,  established  by  ordinance  of  the  Common 
Council  of  the  City  of  Jackson,  adopted  on  the  sixteenth 
day  of  March,  1914,  shall  continue  to  be  a  public  park, 
and  the  City  of  Jackson  shall  perform  all  the  trusts  ex- 
pressed in  the  will  of  Ella  W.  Sharp  and  said  ordinance, 
by    maintaining   said   park   and   museum   in   connection 
therewith,  and  investing  the  trust  fund,  as  provided  in 
her  will  and  expending  the  income  therefrom  in  caring 
for,  improving- and  beautifying  said  park. 

(176)  Sec.  8.     The  City  Commission  may  extend  into 
said  park,  construct  and  maintain  therein,  sewers,  drains, 
water  courses,  and  water  pipes,  and  use  city  water  the 
same  as  if  said  park  were  located  within  the  corporate 
limits  of  the  City.     It  may  also  authorize  the  laying  of 
gas  pipes  and  construction  of  electric  lines  therein  for 
lighting  said  park  or  other  park  purposes.  The  foregoing 
provisions,  so  far  as  applicable,  shall  include  all  parks 
and  cemeteries  outside  the  corporate  limits  of  the  City. 

(177)  Sec.  9.     The  City  Commission  shall  have  con- 
trol of  the  execution  of  said  trust  and  management  of  said 
park  and  the  investment  of  said  trust  fund  and  the  ex- 
penditure  of   the   income   therefrom,   which    trust   fund 
shall  never  be  mingled  with  any  other  funds ;  and  shall, 
by  ordinance,  make  such  rules  and  regulations  as  may 
be  by  it  deemed  necessary,  and  for  that  purpose  shall 
appoint  three  trustees,  to  be  known  as  the  "Trustees  of 
the  Ella  W.  Sharp  Park  Fund,"  for  such  terms  as  said 
City  Commission  shall  determine,  who  shall  have  charge 
of  the  selling  of  any  property,  directed  by  said  will  to  be 
converted  into  money,  and  the  investment  of  the  pro- 
ceeds, and  moneys  not  now  invested,  and  the  collection 
and  expenditure  of  the  income,  in  the  care,  management 
and  beautifkation  of  said  park  and  maintenance  of  said 
museum,  with  such  other  powers  and  duties  as  the  said 
City   Commission  may  deem  necessary  or  desirable   to 
carry  out  the  provisions  of  said  will  and  to  give  the  public 
the  greatest  benefit  and  enjoyment  from  said  park  and 
museum.     Such  trustees  shall  give  such  bonds,  receive 
such   compensation  and  have  such  further  authority  as 


(47) 


the  City  Commission  shall  prescribe,  and  shall  always  be 
removable  for  cause. 

(178)  Sec.  10.     The  present  commissioners,  hereafter 
to  be  known  as  trustees,  shall  continue  to  hold  office  and 
act,  under  the  provisions  of  said  ordinance,  so  far  as  not 
inconsistent  with  the  provisions  of  this  charter,  until  the 
City  Commission   shall  make  other  provision,  by  ordi- 
nance or  otherwise. 

(179)  Sec.  11.     All  the  police  provisions  and  powers 
•and  other  provisions  of  this  charter  and  ordinances  of 
the  City,  applicable  to  said  park,  shall  be  in  force  in  said 
park,  the  same  as  within  the  city  limits. 

(180)  Sec.  12.     When  authorized  by  the  City  Com- 
mission, the  said  trustees  may  invest  said  trust  fund,  in 
the     bonds     of     the     City     of    Jackson,     except     those 
payable  from  special  assessments,  when  the  rate  of  in- 
terest is  as  high  as  is  being  paid  for  similar  municipal 
bonds,  if  deemed  for  the  best  interests  of  said  trust  fund ; 
which  bonds  shall  be  of  the  same  force  and  effect,  in  the 
hands  of  said  trustees,  as  if  held  by  or  issued  to  third 
parties ;  but  securities  bearing  a  higher  rate  of  interest 
and  deemed  equally  safe,  shall  not  be  sold  for  investment 
in  such  bonds.     Bonds  issued  under  this  provision  shall 
not  be  transferred,  except  at  par  with  accrued  interest, 
and  may  be  collected  by  the   assignee   the   same   as   if 
originally  issued  to  him. 

(181)  Sec.   13.     The  City  Commission   shall  provide 
each  year  for  the  care  of  the  cemetery  lot,  in  Mt.  Ever- 
green Cemetery,  on  which  Ella  W.  Sharp  is  buried,  and 
the  monument  and  other  gravestones,  in  such  manner  as 
is  customary  with  well  kept  lots  in  said  cemetery,  and  as 
will  show  proper  regard  for  her  memory. 

PUBLIC  THOROUGHFARES 

(182)  Sec.  1.     The  City  Manager,  subject  to  the  City 
Commission,  shall  have  supervision  of  all  streets,  bridges, 
alleys,  sidewalks,  and  other  public  places  within  the  City 
and  shall  cause  the  same  to  be  kept  in  repair  and  free 
from  nuisance. 

(183)  Sec.  2.     The  City  Commission  shall  not  appro- 
priate any  money  for  the  care,  improvement  or  repair  of 
any  street  or  alley  laid  out  or  dedicated  to  public  use  un- 
til the  dedication  thereof  shall  have  been  accepted  and 
confirmed  by  the  City  Commission,  unless  the  said  street 

(48) 


or  alley  has  already  been  accepted  or  worked  and  used  by 
the  City  before  this  charter  takes  effect. 

(184)  Sec.  3.  The  City  Commission  shall  have  au- 
thority to  lay  out,  open,  widen,  extend,  straighten,  vacate 
or  alter,  clean,  sprinkle  or  improve  any  highway,  street, 
or  alley  in  the  City,  whenever  it  shall  deem  the  same  a 
public  improvement ;  and  if  in  so  doing  it  shall  be  neces- 
sary to  take  or  use  private  property,  the  same  may  be 
taken  in  the  manner  in  this  charter  provided  for  taking 
private  property  for  public  use.  The  cost  of  such  im- 
provement may  be  met  by  special  assessments  upon  the 
property  adjacent  to  or  benefited  by  such  improvement, 
or  in  the  discretion  of  the  City  Commission,  a  portion  of 
such  cost  may  be  met  by  special  assessments  as  aforesaid, 
and  the  balance  from  the  general  street  fund,  as  provided 
in  Section  27  of  "Special  Assessments."  If  for  any  reason 
the  City  Commission  shall  deem  it  for  the  interest  of  the 
City  to  alter  or  vacate  any  plat  of  lands  in  the  City  or 
any  part  of  the  same,  or  any  street,  alley,  or  public 
grounds,  or  any  part  of  the  same,  it  shall  have  power 
equally  with  the  owner  or  owners  of  the  lands  platted,  to 
apply  to  the  circuit  court  of  the  county  for  such  alteration 
or  vacation,  and  it  shall  be  a  sufficient  interest  in  that 
part  of  the  plat,  to  authorize  such  an  application,  if  it 
shall  appear  that  the  part  of  the  street,  alley  or  public 
grounds  on  the  plat  proposed  to  be  altered  or  vacated, 
has  been  dedicated  to  the  public  :  Provided,  that  if  all  per- 
sons interested  in  the  entire  plat  or  such  part  thereof  as 
the  City  Commission  shall  determine  will  be  affected  by 
such  vacation,  shall  file  with  the  City  Commission  theif 
written  consent  to  its  vacation,  then  the  City  Commission 
shall  have  power  to  vacate  the  same  by  resolution.  Sur- 
veys shall  be  made  of  all  such  highways,  streets,  alleys 
or  public  grounds,  and  of  all  changes  made  therein  and 
the  same  shall  be  recorded  in  the  office  of  the  City  Clerk, 
in  a  book  of  street  records. 

(18.5)  Sec.  4.  The  City  Commission  shall  have  pow- 
er to  provide  by  ordinance  for  the  removal  of  obstruc- 
tions or  encroachments  in  public  streets,  alleys,  parks 
and  public  places,  and  no  title  to  or  property  rights  in 
streets  or  public  grounds  or  buildings  in  said  city  shall 
ever  be  gained  by  any  encroachment  thereon,  or  obstruc- 
tions thereof,  or  by  adverse  possession  thereof  however 
long  continued,  nor  shall  the  City  be  barred  by  reason 

(49) 


thereof   from   maintaining   proper   actions   to   assert   its 
rights  therein. 

(186)  Sec.  5.  The  City  Commission  shall  have  the 
power  to  determine  and  establish  the  grades  of  all  streets, 
alleys,  public  grounds,  and  places  within  the  City  and  to 
change  or  alter  the  grade  of  any  street,  alley  or  public 
ground  or  place,  or  any  part  thereof,  whenever,  in  its 
opinion  the  public  convenience  will  be  promoted  thereby. 
Whenever  a  grade  shall  be  established  or  altered,  dupli- 
cate records  and  diagrams  thereof  shall  be  made  in  books 
provided  by  the  City  Commission  for  that  purpose,  one 
of  which  shall  be  kept  in  the  office  of  the  City  Clerk  and 
the  other  shall  be  kept  in  the  office  of  the  City  Manager. 

THE  APPROPRIATION  OF  PRIVATE  PROPERTY 

(18?)  The  City  Commission  shall  have  power  to  ac- 
quire, purchase  or  condemn  or  to  take  private  property 
for  necessary  public  uses  in  the  manner  prescribed  by 
the  general  laws. 

CONTRACTS 

(188)  Sec.    1.      Before    entering    imfro    any    contract 
where  the  estimated  cost  of  the  work  or  materials  to  be 
furnished  under  said  contract,  shall  exceed  the  sum  of 
five  hundred  dollars,  the  City  Commission  shall  advertise 
for  sealed  proposals  therefor,  and  the  contract  shall  be 
let  to  the  lowest  responsible  bidder:     Provided,  that  no 
contract  shall  be  let  to  anyone  who  is  in  default  to  the 
City.    In  such  publication  the  City  Commission  shall  re- 
serve the  right  to  reject  any  and  all  bids. 

(189)  Sec.  2.     The  City  Commission  shall  have  power 
to  cause  any  public  work  or  improvement  to  be  executed 
and  performed  in  any  mode  other  than  by  contract,  that 
it  may  deem  for  the  best  interest  of  the  City. 

(190)  Sec.  3.     No  contract,  involving  deferred  pay- 
ments of  money  on  the  part  of  the  City,  shall  be  made 
for  a  longer  period  than  three  years,  unless  the  proposed 
contract   be  referred  to  the  electors   and   approved   by 
them:     Provided,   that   this   section   shall   not   apply   to 
bonds    (or  other  obligations  of  the   City  for  borrowed 
money)  issued  in  the  manner  authorized  by  this  charter. 

(191)  Sec.  4.     All  written  contracts  of  the  City  shall 
be  executed,  in  its  behalf,  by  the  Mayor  and  City  Clerk, 
unless  otherwise  provided  by  the  City  Commission. 

(50) 


ORDINANCES  AND  RESOLUTIONS 

(192)  Sec.  1.     Each  proposed  ordinance  and  resolu- 
tion shall  be  introduced  in  written  or  printed  form.    The 
enacting  clause  of  all  ordinances  shall  be  ''The  City  of 
Jackson  ordains." 

(193)  Sec.  2.     No  ordinance,  unless  it  be  an  emer- 
gency measure,  shall  be  passed  until  it  shall  have  been 
read  at  two  regular  meetings  of -the  City  Commission  at 
least  one  week  apart.     In  the  case  of  emergency  meas- 
ures, one  reading  may  be  dispensed  with  by  the  affirm- 
ative vote  of  four  members  of  the  City  Commission.    No 
ordinance  or  resolution  or  section  thereof  shall  be  revised 
or  amended  unless  the  ordinance  or  resolution  or  section 
thereof  amended   shall  be   re-enacted   and  published   at 
length. 

(194)  Sec.  3.     All  ordinances  shall  take  effect  thirty 
days  from  the  date  of  their  passage,  except  that  the  City 
Commission  may,  by  an  affirmative  vote  of  four  of  its 
members,  pass  emergency  measures  to  take  effect  at  the 
time  indicated  therein,  subject  to  the  provisions  of  "The 
Referendum." 

(195)  Sec.  4.     An  emergency  measure  is  an  ordinance 
for  the  immediate  preservation  of  the  public  peace,  prop- 
erty, health,  or  safety,  or  providing  for  the  usual  daily 
operation  of  a  municipal  department,  in  which  the  emer- 
gency is  set  forth  and  defined  in  a  preamble  thereto. 
Ordinances  appropriating  money  may  be  passed  as  emer- 
gency measures,  but  no  measure  making  a  grant,  renewal 
or  extension  of  a  franchise  or  other  special  privilege,  or 
regulating  the  rate  to  be  charged  for  its  service  by  any 
public  utility,  shall  ever  be  so  passed. 

(196)  Sec.  5.     Every  ordinance  upon  its  final  passage 
shall  be  recorded  by  the  City  Clerk  in  a  book  kept  for 
that  purpose  and  it  shall  be  the  duty  of  the  Mayor  and 
City  Clerk  to  authenticate  said  records  by  their  official 
signatures  thereon. 

(197)  Sec.  6.     All  ordinances  shall  be  published  in 
full,  together  with  the  proceedings  of  the  City  Commis- 
sion, in  some  newspaper  published  and  circulated  in  this 
City,  within  five  days  after  their  passage.    The  certificate 
of  the  City  Clerk  that  such  publication  has  been  made, 
together  with  the  records  of  the  City  Commission,  shall 
be  prima  facie  evidence  in  all  courts  of  the  due  publica- 
tion and  passage  of  said  ordinance. 

(51) 


(198)  Sec.  7.  When,  by  the  provisions  of  this  char- 
ter, the  City  Commission  has  authority  to  pass  ordi- 
nances for  any  purpose,  it  may  prescribe  fines,  penalties 
and  forfeitures,  not  exceeding  five  hundred  dollars 
or  imprisonment  not  exceeding  ninety  days,  or  both, 
in  the  discretion  of  the  court,  together  with  the 
costs  of  prosecution,  but  not  to  exceed  five  hundred  dol- 
lars in  all,  for  each  violation  of  any  of  said  ordinances, 
and  may  provide  that  the  offender  on  failing  to  pay  such 
fine,  penalty  or  forfeiture  and  the  costs  of  prosecution, 
may  be  imprisoned  for  any  term  not  exceeding  ninety 
days,  unless  payment  thereof  be  sooner  made. 
•  (199)  Sec.  8.  In  all  courts  having  authority  to  try 
any  matter  or  cause  arising  under  the  ordinances  and  in 
all  proceedings  relating  to  or  arising  under  the  ordi- 
nances, judicial  notice  shall  be  taken  of  this  charter  and 
ordinances  of  this  City.  And  whenever  it  shall  be  neces- 
sary to  prove  any  of  the  laws,  resolutions  or  ordinances 
of  this  City,  the  same  may  be  read  in  all  courts  of  justice, 
and  in  all  proceedings  from  a  record  thereof  kept  by  the 
City  Clerk,  or  from  a  certified  copy  of  such  record,  or 
from  any  copy  of  this  charter  or  volume  of  ofdinaces  pur- 
porting to  have  been  issued  by  authority  of  the  City. 

(200)  Sec.  9.     Prosecutions  for  violations  of  the  char- 
ter or  ordinances  shall  be  commenced  within  two  years 
after  the  commission  of  the  offense,  and  shall  be  brought 
within  the  City. 

(201)  Sec.  10.     Whenever  a  pecuniary  penalty  or  for- 
feiture shall  be  incurred  for  the  violation  of  any  ordi- 
nance, such  penalty  or  forfeiture  may  be  recovered  in  an 
appropriate  action ;  and  if  it  be  a  forfeiture  of  any  prop- 
erty, it  may  be  sued  for  and  recovered  in  an  action  of 
trover,  or  other  appropriate  action. 

(202)  Sec.  11.     Such  action  shall  be  brought  in  the 
name  of  the  City  of  Jackson.    All  the  proceedings  in  the 
cause,  shall,  except  as  otherwise  provided  herein,  conform 
to  and  be  the  same,  as  nearly  as  may  be,  as  in  like  actions 
provided  by  law  for  the  recovery  of  penalties  for  viola- 
tions of  the  laws  of  the   state.     Upon  the  rendition  of 
judgment   against   the   defendant,   execution   shall   issue 
forthwith,  and  except  when  against  a  corporation,  shall 
require,  if  sufficient  goods  and  chattels  cannot  be  found, 
to  satisfy  the  sanie,  that  the  defendant  be  committed  to 
prison,  there  to  remain  for  a  period  not  exceeding  ninety 

(52) 


days,  unless  such  execution  be  sooner  satisfied,  or  he  be 
discharged  by  due  course  of  law ;  but  imprisonment  with- 
out payment  shall  not  operate  at  a  satisfaction  of  the 
judgment,  nor  shall  costs  be  allowed  to  the  defendant 
in  any  such  action. 

(203)  Sec.  12,     Prosecutions  for  violations  of  the  or- 
dinances of  the  City  may  also,  in  all  cases,  except  against 
corporations,  be  commenced  by  a  warrant  for  the  arrest 
of  the  offender. 

(204)  Sec.  13.     Such   warrant  shall  be  in  the  name 
of  the  People  of  the  State  of  Michigan,  and  shall  set  forth 
the  substance  of  the  offense  complained  of,  and  be  sub- 
stantially in  the  form  and  be  issued  upon  complaint  made, 
as  provided  by  law  in  criminal  cases  cognizable  by  jus- 
tices of  the  peace,  and  the  proceedings  relating  to  the 
arrest  and  custody  of  the  accused  during  the  pendency 
of  the  suit,  the  pleadings,  and  all  proceedings  upon  the 
trial  of  the  cause,  and  in  procuring  the  attendance  and 
testimony  of  witnesses,  and  in  the  rendition  of  judgment, 
and  the  execution  thereof  shall,  except  as  otherwise  pro- 
vided by  this  charter,  be  governed  by,  and  conform  as 
nearly  as  may  be  to  the  provisions  of  law  regulating  the 
proceedings   in   criminal   causes,   cognizable   by  justices 
of  the  peace. 

(205)  Sec.  14.     Said  city  shall  be  allowed  the  use  of 
the  jail  of  the  County  of  Jackson  for  the  confinement 
of   all   persons   liable   to   imprisonment   under  the   ordi- 
nances thereof,  or  under  any  of  the  provisions  of  this1 
charter ;  and  any  person  so  liable  to  imprisonment  may 
be  sentenced  to  and  committed  to  imprisonment  in  such 
county  jail  or  in  any  city  prison,  or  in  the  house  of  cor- 
rection at  Detroit,  Michigan,  or  other  place  of  confine- 
ment provided  by  the  City,  or  authorized  by  the  ordi- 
nances of  the  City,  and  the  Sheriff,  or  other  keeper  of 
such  jail  or  other  place  of  confinement  or  imprisonment, 
shall  receive  and  safely  keep  any  person  committed  there- 
to as  aforesaid,  until  lawfully  discharged. 

(206)  Sec.  15.     It  shall  be  a  sufficient  statement  of 
the  cause  of  action  in  any  suit,  proceeding  or  prosecution 
for  a  violation  of  the  ordinances  of  the  City,  in  any  such 
complaint  or  warrant  to  set  forth  in  the  complaint  or 
warraiat  substantially,  and  with  reasonable  certainty,  as 
to  time  and  place,  the  act  or  offense  complained  of,  and 
to  allege  the  same  to  be  a  violation  of  an  ordinance  of 

(53) 


the  City,  referring  thereto  by  its  title  and  the  date  of  its 
passage  or  approval. 

(207)  Sec.  16.     In  all  prosecutions  for  violations  of 
the  ordinances  either  party  may  require  a  trial  by  jury. 
No  inhabitant  of  the  City  shall  be  incompetent  to  serve 
as  a  juror  in  any  cause  in  which  the  City  is  a  party,  or 
interested,  on  account  merely  of  such  interest  as  he  may 
have  in  common  with  the  inhabitants  of  the  City  in  the 
result  of  the  suit. 

(208)  Sec.  17.     Any  party  convicted  of  a  violation  of 
any  ordinance  in  a  suit  commenced  by  warrant,  as  afore- 
said, may  remove  the  judgment  and  proceedings  into  the 
circuit  court  for  the  County  of  Jackson,  by  appeal  or  writ 
of  certiorari;  and  the  proceedings  therefor  and  the  bond 
or  security  to  be  given  thereon,  and  the  proceedings  and 
disposition  of  the  cause  in  the  circuit  court,  shall  be  the 
same  as  on  appeal  and  certiorari  in  criminal  cases,  cog- 
nizable by  justices  of  the  peace ;  and  in  suits  to  which  the 
City  shall  be  a  party,  brought  to  recover  any  penalty  or 
forfeiture  for  such  violations,  either  party  may  appeal 
from  the  judgment,  or  remove  the  proceedings  by  cer- 
tiorari into  the  circuit  court;  and  the  like  proceedings 
shall  be  had  thereon,  and  like  bond  or  security  shall  be 
given  as  in  cases  of  appeal  and  certiorari  in  civil  causes, 
tried  before  justices  of  the  peace,  except  that  the  City 
shall  not  be  required  to  give  any  bond  or  security  therein. 
The  circuit  court  of  said  county  shall  also  take  judicial 
notice  of  the  charter  and  ordinances  of  this  City. 

(209)  Sec.  18.     All  fines  imposed  for  violations  of  the 
ordinances  of  the  City,  if  paid  before  the  accused  is  com- 
mitted, shall  be  received  by  the  court  or  magistrate  be- 
fore whom  the  conviction  was  had.     If  any  fine  shall  be 
collected  upon  execution  the  officer  or  person  receiving 
the  same  shall  immediately  pay  over  the  money  collected 
to  such  court  or  magistrate.     If  the  accused  be  commit- 
ted, payment  of  the  fine  and  costs  imposed  shall  be  made 
to  the  Sheriff  or  other  keeper  of  the  jail  or  prison,  who 
shall,  within  thirty  days  thereafter,  pay  the  same  to  said 
court  or  magistrate ;  and  the  court  or  magistrate  receiv- 
ing any  such  fine,  shall,  without  unnecesary  delay,  pay 
the  same  into  the  city  treasury,  and  take  the  Treasurer's 
receipt  therefor  and  file  the  same  with  the  City  Clerk. 

(210)  Sec.  19.     If  any  person  who  shall  have  received 
any  such  fine  or  any  part  thereof  shall  neglect  to  pay  over 

(54) 


the  same  pursuant  to  the  foregoing  provision,  it  shall  be 
the  duty  of  the  City  Commission  to  cause  suit  to  be  com- 
menced immediately  therefor,  and  to  prosecute  the  same 
to  effect.  Any  person  receiving  any  such  fine,  who  shall 
wilfully  neglect  or  refuse  to  pay  over  the  same  as  re- 
quired by  the  foregoing  provisions  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall  be  punished  accordingly. 

(211)  Sec.  20.     Fines  paid  into  the  city  treasury  for 
violations   of  ordinances  of  the   City   shall  be  disposed 
of  as  the  City  Commission*  may  direct.    The  expenses  of 
the  apprehension  and  punishment  of  persons  violating 
the  ordinances  of  the  City,  excepting  such  part  as  shall 
be  paid  by  costs  collected,  shall  be  defrayed  by  the  City. 

(212)  Sec.  21.     The  circuit  court  of  the   County  of 
Jackson  shall  have  jurisdiction  of  all  causes  arising  for 
violation  of  this  charter  or  the  ordinances  of  the  City, 
when  the  fine  or  forfeiture  which  may  be  imposed  shall 
exceed  one  hundred  dollars,  or  wrhere  the  offender  may 
be  imprisoned  for  a  term  exceeding  ninety  days.     The 
proceedings  in  the  circuit  court  in  all  such  cases  shall  be 
the  same  as  in  prosecution  to  recover  penalties  and  for- 
feitures and  to  punish  violations  of  the  criminal  laws  of 
the  state,  and  the  general  laws  regulating  prosecutions 
in  criminal  cases  and  to  recover  penalties  shall  apply. 

PLATS 

(213)  No  plat  or  dedication  of  any  street  or  grounds 
within  the  City  shall  be  approved  by  the  City  Commis- 
sion until  the  proprietor  thereof  shall  file  with  the  City 
Clerk  a  correct  survey,  plan  and  map  of  such  grounds, 
and  the  divisions  thereof,  showing  the  relative  position 
and  location  of  lots,  streets  and  alleys  therein  with  respect 
to  the  adjacent  lots,  streets  and  alleys  of  the  City;  nor 
shall  any  such  plan  and  map,  divided  and  platted  into  lots, 
streets  and  alleys,  be  recorded  in  the  office  of  the  Register 
of  Deeds  for  said  County  of  Jackson,  until  the  survey, 
plan  and  map  aforesaid  is  filed  with  the  City  Clerk,  nor 
shall  any  such  map  be  approved  by  the  City  Commission 
unless  the  dedication  of  the  streets  thereon  shall  be  such 
as  to  vest  in  said  city  absolute  control  over  the  streets 
therein,  and  such  approval  and  acceptance  by  said  City 
Commission  shall  be  by  ordinance  or  resolution. 


(55) 


REMOVAL  OF  APPOINTIVE  OFFICIALS 

(214)  Sec.   1.     Any  appointive  official  holding  office 
for  a  definite  term,  may  be  suspended  or  removed  from 
office  by  the  affirmative  vote  of  four  members  of  the  City 
Commission,  if  said  official  shall,  by  the  City  Commission, 
be  deemed  guilty  pf  wilful  misfeasance  or  malfeasance  in 
office,  incompetency  or  neglect  of  duty,  or  if  he  shall  have 
been  convicted  of  a  felony. 

(215)  Sec.  2.     No  such  official  shall  be  removed  from 
office  until  he  shall  be  served  with  a  complete  statement 
of  the  charges  made  against  him  and  shall  have  had  the 
opportunity  of  a  fair  and  full  hearing  before  the   City 
Commission,  after  at  least  five  days  written  notice,  at 
which   hearing  he  may  be  represented  by   counsel   and 
present  evidence  in  his  own  behalf. 

(216)  Sec.  3.     The  City  Commission  or  such  accused 
official,  for  the  purpose  of  procuring  the  attendance  of 
witnesses  or  the  production  of  books,  papers,  or  docu- 
ments at  such  hearing,  may  obtain  subpoenas  from  the 
Justice  of  the  Peace. 

(217)  Sec.   4.     The   City  Commission  may,  by  ordi- 
nance, prescribe  necessary  rules  of  procedure  to  govern 
such  hearings. 

POLICE  DEPARTMENT 

(218)  Sec.  1.     There  shall  be  a  police  force  composed 
of  a  Chief  of  Police  and  such  officers,  patrolmen  and  other 
employes,  as  may  be  provided  by  the  City  Commission. 
Until  the  City  Commission  shall  otherwise  provide,  the 
number  of  policemen  and  officers   shall  continue  as  on 
December  31,  1914. 

(219)  Sec.  2.     The  Chief  of  Police  and  other  officers 
of  the  police  force  shall  have  authority  to  suppress  riots, 
disturbances  and  breaches  of  the  peace,  and  to  pursue 
and  arrest,  in  any  part  of  the  state,  any  person  fleeing 
from  justice,  for  felonies  committed  in  the  City;  to  arrest 
without  process  any  person  in  the  act  of  committing  any 
offense  against  the  general  laws  or  the  ordinances  of  the 
City ;   and   to   take   such   offender   forthwith   before   the 
proper  court  or  magistrate  to  be  dealt  with  for  the  of- 
fense ;  to  make  complaint  to  the  proper  officer  and  magis- 
trate of  any  person  known  or  believed  by  them  to  be 
guilty  of  a  violation  of  the  ordinances  of  the  City  or  the 
penal  laws  of  the  state,  and  at  all  times  diligently  and 

(56) 


faithfully  to  enforce  all  laws,  ordinances  and  regulations. 
The  Chief  of  Police  and  police  constables  may  serve  and 
execute,  in  any  part  of  the  state,  all  criminal  process  in 
proceedings  for  violation  of  the  ordinances  of  the  City 
and  the  laws  of  the  state. 

(220)  Sec.  3.     The  City   Commission  shall  by  reso- 
lution, in  May  of  each  year,  designate  one  policeman  rec- 
ommended by  the  City  Manager,  to  perform  the  duties  of 
constable.     Such  constable  shall  hold  office  for  the  term 
of  two  years  and  until  his  succesor  is  designated  and 
duly  files  his  oath  of  office,  and  the  City  Commission  may 
revoke  such  designation  at  pleasure.     Every  policeman 
so  designated  shall  have  power  to  serve  all  process  di- 
rected or  delivered  to  him  for  service  which  by  law  a 
constable  might  serve,  and  every   such  policeman  shall 
have  all  the  powers  of  a  constable  and  shall  receive  the 
same  fees  as  are  allowed  to  constables  for  like  services. 
When  otherwise  engaged  in  the  performance  of  police 
duty  they  shall  receive  such  compensation  therefor  from 
the  City  as  the  City  Commission  may  prescribe.     The 
Chief  of  Police  shall  also  have  the  powers  of  constables. 

FIRE  DEPARTMENT 

(221)  Sec.  1.     There  shall  be  a  fire  department  com- 
posed of  a  Chief  and  such  officers,  firemen  and  employes 
as  may  be  provided  by  the  City  Commission.     Until  the 
City  Commission  shall  otherwise  order,  the  fire  depart- 
ment shall  be  composed  of  the  same  number  of  officers 
and  men  as  on  December  31,  1914. 

(222)  Sec.   2.     The   Mayor,   City   Manager,   Chief  of 
Police  or  any  officer  of  the  fire  department  may  command 
any  person,  present  at  a  fire,  to  aid  in  the  extinguishment 
thereof  and  to  assist  in  the  protection  of  property.   If  any 
person  shall  wilfully  disobey  any  such  lawful  order  and 
direction  the  officer  giving  the  order  may  arrest,  or  direct 
any  policeman  or  citizen  to  arrest,  such  person  and  con- 
fine him  temporarily  until  the  fire  shall  be  extinguished; 
and  in  addition   thereto,   he  shall  be  punished   in  such 
manner  as  may  be  prescribed  by  ordinance. 

(223)  Sec.  3.     The  City  Commission  shall  provide,  by 
ordinance,  for  the  appointment  of  such  number  of  fire 
wardens  as  it  may  deem   necessary,  from  among  mem- 
bers of  the  fire  department ;  and  for  the  examination  by 
them,   from  time   to   time,   of   the   stoves,   furnaces   and 

(57) 


heating  apparatus  or  devices  in  or  near  the  dwellings, 
buildings  and  structures  within  the  City ;  and  in  all  places 
where  combustibles  or  explosive  substances  are  kept; 
and  to  cause  all  such  as  are  unsafe,  with  respect  to  fire, 
to  be  put  in  a  safe  condition. 

(224)  Sec.  4.  The  City  Commission  may  prescribe 
by  ordinance,  from  time  to  time,  limits  or  districts  within 
which  wooden  buildings  and  structures  shall  not  be 
erected,  placed  or  enlarged  and  to  direct  the  manner  of 
constructing  buildings  within  such  districts,  with  respect 
to  protection  against  fire,  and  the  material  of  which  the 
outer  walls  and  roofs  shall  be  constructed. 

(226)  Sec.  5.  The  City  Commission  may  also  pro- 
hibit, within  such  places  or  districts  as  it  shall  deem  ex- 
.pedient,  the  location  of  shops;  the  prosecution  of  any 
trade  or  business;  the  keeping  of  lumber  yards;  and  the 
storing  of  lumber,  wood  or  other  easily  inflammable 
material,  in  open  places,  when,  in  the  opinion  of  the  City 
Commission,  the  danger  from  fire  is  thereby  increased. 
It  may  regulate  the  storing  of  gunpowder,  oils  and  other 
combustibles  and  explosive  substances,  and  the  use  of 
lights  in  buildings-;  and,  generally,  may  pass  and  enforce 
such  ordinances  and  regulations  as  it  may  deem  neces- 
sary for  the  prevention  and  suppression  of  fires. 

(226)  Sec.  6.     Every  building  or  structure  which  may 
be  erected,  placed,  enlarged,  or  kept  in  violation  of  any 
ordinance  or  regulation  made  for  the  prevention  of  fires, 
is  hereby  declared  to  be  a  nuisance,  and  may  be  abated  or 
removed  by  direction  of  the  City  Commission. 

(227)  Sec.  7.     The  engineer  in  charge  of  the  depart- 
ment at  any  fire,  with  the  concurrence  of  the  Mayor  or 
any  two  Commissioners,  may  cause  any  building  to  be 
pulled  down  or  destroyed,  when  deemed  necessary,  in 
order  to  arrest  the  progress  of  the  fire,  and  no  action  shall 
be  maintained  against  any  person  or  against  the  City 
therefor. 

EMPLOYMENT  OF  POLICEMEN  AND  FIREMEN 

(228)  Sec.  1.     All  members  of  the  police  and  fire  de- 
partments shall  be  employed  by  the  City  Manager :    Pro- 
vided, that  in  case  of  riot,  conflagration  or  other  emer- 
gency, the  Mayor  may  appoint  additional  patrolmen  or 
firemen  for  temporary  service. 

(58) 


(229)  Sec.  2.     The  City  Manager  shall  have  the  right 
to  dismiss  or  suspend  any  of  the  officers  or  employes  of 
the  police  or  fire  department  for  cause.     If  any  such  offi- 
cer, policeman,  fireman  or  employe  be  dismissed  or  sus- 
pended the  City  Manager  shall  forthwith,  in  writing,  cer- 
tify the  fact  to  the  City  Commission  together  with  the 
cause  for  the  dismissal  or  suspension,  and  the  City  Com- 
mission shall  render  judgment  thereon,  which  judgment 
may  be  reinstatement,  suspension,  reduction  in  rank  or 
dismissal.    The  accused  officer  or  employe  shall  have  the 
right  to  a  public  hearing  before  the  City   Commission. 
The  City  Commission  or  the  accused  may  obtain  sub- 
poenas from  the  justices  of  the  peace  to  secure  the  attend- 
ance of  witnesses  or  to  produce  books  and  papers  at  such 
hearing. 

(230)  Sec.  3.     The  City  Commission  shall,  by  ordi- 
nance, provide  rules  and  regulations  governing  the  em- 
ployment, promotion,  demotion,  dismissal  or  suspension 
of  policemen  and  firemen  or  officers  of  either  department, 
and  for  the  general  conduct  and  management  of  the  police 
and  fire  departments.     It  shall  also  provide  rules  of  pro- 
cedure in  the  case  of  hearings  on  charges  against  any 
member  of  said  departments. 

PENSIONS  FOR  FIREMEN  AND  POLICEMEN 

(231)  Act.  No.  345  of  the  Local  Acts  of  1907  of  Michi- 
gan shall  continue  in  force.    The  City  Commission  shall 
have   the   powers   and   duties   therein   delegated   to   the 
board  of  police  commissioners  and  the  board  of  fire  com- 
missioners.    The  City  Commission  shall  provide  funds 
for  the  payment  of  pensions  to  those  entitled  to  the  same. 

LICENSES 

(232)  Sec.  1.     The  City  Commission  shall  have  power 
to  license  and  regulate  such  lawful  trades,  occupations, 
amusements  or  undertakings  as  it  may  deem  proper  for 
the  public  good  and  protection. 

(233)  Sec.  2.  Except  as  herein  otherwise  provided,  the 
City  Commission  shall  prescribe  the  terms  and  conditions 
upon  which  licenses  may  be  granted,  and  may  accept  and 
require  a  payment  of  such  reasonable  sum  for  any  license 
as  it  may  deem  proper.     The  person  receiving  the  license 
shall,  before  the  issuing  thereof,  execute  a  bond  to  the 
City,  in  such  sum  as  the  City  Commission  may  prescribe, 

(59) 


with  one  or  more  sufficient  sureties,  conditioned  for  a 
faithful  observance  of  the  general  laws,  the  charter  and 
the  ordinances  of  the  City,  and  otherwise  conditioned  as 
the  City  Commission  may  prescribe.  It  may  require  the 
applicant  for  a  license  to  expressly  agree  in  his  applica^ 
tion  that  the  license,  if  granted  to  him,  may  be  revoked  by 
the  City  Commission  for  a  violation- of  the  terms  and  con- 
ditions of  the  application.  Every  license  shall  be  revoked 
by  the  City  Commission  for  a  violation  of  the  terms  of  the 
application  upon  which  it  was  based,  and  when  revoked, 
the  person  holding  such  license,  shall,  in  addition  to  all 
other  penalties  imposed,  forfeit  all  payments  made  for 
such  license,  and  no  new  license  for  a  similar  purpose 
shall  be  granted  to  such  person  for  one  year  thereafter, 
except  as  herein  otherwise  provided. 

(234)  Sec.   3.     No  license  shall   be  granted  for  any 
term  beyond  the  first  day  of  May  next  thereafter,  except 
as  herein  otherwise  provided,  nor  shall  any  license  be 
transferable,  and  the  City  Commission  may  provide  for 
punishment  by  fine  or  imprisonment,  or  both,  of  any  per- 
son who  shall  exercise,  without  license,  any  occupation 
or  trade,  or  do  anything,  for  which  a  license  shall  be  re- 
quired by  any  ordinance  or  regulation  of  the  City,  and 
no  license  shall  be  granted  for  any  purpose  until  the  sum 
of  money,  as  fixed  by  ordinance,  shall  have  been  paid  to 
the  Treasurer  and  his  receipt  for  the  same  delivered  to 
the  City  Clerk,  and  all  moneys  so  paid  shall  be  placed  to 
the  credit  of  the  contingent  fund.     All   licenses   which 
may  be  in  force  December  31,  1914,  unless  revoked  ac- 
cording to  law,  shall  continue  in  force  until  the  expira- 
tion of  the  term  for  which  they  were  granted. 

(235)  Sec.  4.     The  City  Commission  shall  have  au- 
thority to  compel  all  persons  selling  milk  or  keeping  the 
same  for  sale  in  the  City,  to  procure  a  license  therefor  and 
to  be  properly  registered ;  to  provide  for  a  Milk  Inspector 
and  prescribe  his  powers  and  duties ;  to  regulate  the  in- 
spection of  milk  and  the  places  where  the  same  is  pro- 
duced or  handled ;  and  to  require  that  all  animals,  from 
which   the   milk   is   produced,   be    subjected   to   what   is 
known  as  the  tuberculin  test,  when  such  milk  is  intended 
to  be  sold  within  the  City,  although  said  dairy,  farm  or 
place  may  be  outside  the  City.     And  the  person  or  per- 
sons producing  the  milk  outside  the  City  and  the  person 
or  persons  selling  milk  within  the  City,  shall  be  governed 

(60) 


and  controlled  by  and  be  subject  and  amenable  to  any 
ordinance  or  regulation  enacted  by  the  City  Commission, 
relating  to  such  inspection,  at  the  place  where  milk  is 
produced,  when  sold  within  the  City,  the  same  as  they 
would  if  producing  milk  within  the  City. 

LIQUOR  TRAFFIC 

(236)  The  City  Commission  shall  have  the  power  to 
license,  restrain  and  regulate  all  saloons  and  places  where 
spirituous,  vinous,  malt,  brewed,  fermented  or  intoxicat- 
ing liquors  are  sold  at  retail  or  wholesale,  or  both,  in  said 
city :    Provided,   however,  that  so  long    as    the    liquor 
traffic  is  not  prohibited  in  Jackson  County,  it  shall  issue 
annually  to  persons  qualified  by  law,  one  retail  license, 
and  no  more,  for  each  one  thousand  of  population  or 
fraction  thereof  in  the  City  of  Jackson  according  to  the 
then  last  preceding  federal  census,  if  there  be  that  num- 
ber of  qualified  applicants  therefor,  upon  payment  into 
the  city  treasury  of  the  sum  of  five  hundred  dollars  for 
each  license,  which  sum  shall  be  in  addition  to  the  state 
license  fee,  unless  the  number  of  licenses  to  be  granted 
or  the  amount  of  the  license  fee  shall  be  otherwise  fixed 
by  ordinance  submitted  to  the  electors  upon  their  initi- 
ative and  adopted  by  them. 

FRANCHISES 

(237)  Sec.  1.     The  City  Commission  may  grant  fran- 
chises for  public  utilities  and  other  purposes,  subject  to 
the  limitations  of  the  constitution  and  general  laws.    No 
ordinance  granting  a  franchise  shall  be  passed  until  after 
the  expiration  of  thirty  days  from  its  introduction. 

(238)  Sec.  2.     No  franchise  of  any  kind,  which  is  not 
subject  to  revocation  at  the  will  of  the  City,  shall  be 
granted,  unless  such  proposition  shall  have  first  received 
the  affirmative  vote  of  three-fifths  of  the  electors  voting 
thereon  at  a  regular  or  special  municipal  election,  and 
upon    such    proposition    women    taxpayers    having    the 
qualifications  of  male  electors  shall  be  entitled  to  vote. 

(239)  Sec.  3.     When  any  person,  firm  or  corporation, 
holding  an   unexpired   franchise    for  the   locating,  con- 
structing or  operating  of  a  railroad  over  a  portion  of  any 
street,  shall  subsequently  apply  for  a  franchise  to  locate, 
construct  or  operate  a  railroad  on  any  other  portion  of 
the  same  street  or  upon  any  other  street  in  connection 

(61) 


therewith,   said   subsequent   franchise   may   be   granted 
only  for  the  unexpired  term  of  the  first  franchise. 

(240)  Sec.  4.     No  franchise  shall  ever  be  granted  for 
public  utility  purposes,  except  upon  proper  compensation 
to  the  City  to  be  fixed  in  the  franchise.     Whenever  such 
compensation  is  based  upon  the  income  of  the  grantee,  its 
successors  or  assigns,  the  City  Commission  shall  make 
provision  in  such  franchise  for   ascertaining  accurately 
the  income  upon   which   such   compensation    is    based. 
Provided,  that  this  section  shall  not  apply  to  railroads 
other  than  street  railroads. 

(241)  Sec.  5.     No  franchise  shall  ever  be  granted  for 
street  railway  purposes  except  that  the  same  shall  con- 
tain a  condition  that  the  grantee,  its  successors  or  assigns, 
shall,  as  the  City  Commission  may  direct,  pave  the  street 
or  streets,  on  which  its  tracks  are  located  or  to  be  located, 
between  the  outer  rails  and  the  track  or  tracks  and  for 
a  space  outside  of  said  rails  of  at  least  eighteen  inches,  in 
such  manner  and  with  such  materials  as  the  City  Com- 
mission may  order,  and  shall  repave  any  such  parts  of 
streets  as  often  as  the  City  shall  repave  the  same,  and 
every  such  franchise  shall   contain  a  requirement  that 
every  pavment  torn  up  or  damaged  by  the  grantee,  its 
successors  or  assigns,  in  the  work  of  constructing  or  re- 
pairing such  tracks,  shall  be  replaced  at  the  sole  expense 
of    such    grantee,    its    successors     or    assigns,    in     as 
good  condition  and  with  the  same  kind  of  material  as  it 
was  before  such  track  or  tracks  were  laid,  and  all  work 
required  to  be  done  and  materials  used  under  this  sec- 
tion shall  be  done  and  furnished  under  the  direction  of 
the  City  Manager  and  subject  to  his  approval. 

(242)  Sec.  6.     Every  franchise  hereafter  granted  for 
a  public  utility  shall  contain  a  provision  that  the  City 
shall  at  any  time  have  the  right  to  purchase  the  property, 
including  the  franchises,  of  the  grantee,  its  successors  or 
assigns,  within  this  city,  at  a  price  to  be  agreed  upon  or 
determined  by  arbitration  as  provided  in  the  franchise,  but 
this  right  of  purchase  shall  not  apply  to  railroads,  other 
than  street  railroads. 

(243)  Sec.    7.     All   franchises   hereafter  granted   for 
street   railway  purposes   shall   plainly   specify  on   what 
particular  streets,   alleys   or  other  public   property   the 
same  shall  apply ;  and  no  franchise  for  such  purpose  shall 

(62) 


hereafter  be  granted  in  general  terms  or  to  apply  to  the 
City  generally. 

(244)  Sec.  8.     The  grant  of  every  franchise  shall  be 
subject  to  the  right  of  the  City,  whether  in  terms  re- 
served or  not,  to  make  all  regulations  which   shall  be 
necessary  to  secure  in  the  most  ample  manner  the  safety, 
welfare  and   accommodation    of    the    public,    including 
among  other  things  the  right  to  pass  and  enforce  ordi- 
nances to  require  proper  and  adequate  extensions  of  the 
service 'of  such  grant,  and  to  protect  the  public  from  un- 
necessary danger  or  inconvenience  in  the  operation  of 
any  work  or  business  authorized  by  the  grant,  and  the 
right  to  make  and  enforce  all  such  regulations  as  shall  be 
necessary  to  secure  adequate,  efficient  and  proper  service, 
extensions  and  accommodations  for  the  people  and  insure 
their  comfort  and  convenience. 

(245)  Sec.  9.     No  exclusive  franchise  shall  ever  be 
granted,  and  no  franchise  shall  ever  be  granted  for  a 
longer  term  than  thirty  years ;  and  such  grant  shall  in 
all  cases  contain  a  condition  requiring  the  grantee,  its  suc- 
cessor or  assigns,  to  submit  disputes  with  its  employes 
in  case  of  strike  or  lockout,  or  threatened  strike  or  lock- 
out, to  a  board  of  arbitration,  in  such  manner  as  shall  be 
provided  in  the  franchise. 

(246)  Sec.   10.     No  franchise   shall  be    granted    for 
street  railway  purposes,  except  upon  condition  that  the 
grantee,  its  successors  or  assigns,  shall  allow  the  use  of 
its  tracks,  poles  and  wires,  by  any  other  corporation,  to 
which  the  City  shall  grant  a  franchise  for  building  or 
operating  a  street  railway  or  interurban  railway  within 
or  into  the  City,  insofar  as  it  may  be  necessary  to  enter 
the  City  and  to  reach  the  principal  business  section  there- 
of, upon  the  payment  of  a  reasonable  rental  therefor: 
Provided,  that  the  corporation  desiring  to  operate  its  cars 
over  the  line  of  such  street  railway  shall  first  agree  in 
writing  with  the  owner  thereof,  to  pay  it  a  reasonable 
compensation    for  the  use  of  its  tracks  and  facilities.    If 
the  corporation  desiring  to  use  the  same  cannot  agree 
with  the  owner  of  said  street  railway  as  to  said  compen- 
sation or  as  to  the  terms  and  conditions  for  the  use  of 
said  tracks  and  facilities  within  sixty  days  from  the  time 
of  opening  negotiations  therefor,  then  the  City  Commis- 
sion shall  by  resolution,  after  a  fair  hearing,  fix  the  terms 
and   conditions   of  such   use   and   compensation,   which 

(63) 


award  of  the  City  Commission  when  so  made  shall  be 
binding1  and  final  and  observed  by  the  parties  concerned. 

PAVEMENTS 

(247)  Sec.  1.     The  City  Commission  shall  have  power 
to  grade,  pave,  gravel,  curb,  regrade,  repave,  regravel  re- 
curb,  and  to  otherwise  improve  and  repair  the  highways, 
streets  and  alleys  of  the  City.     The  City  Commission 
shall  pave  the  whole  or  part  of  any  street  or  alley  within 
the  City  whenever  it  shall  be  applied  to  in  writing1  signed 
by  the  parties  owning  the  greater  part  of  the  frontage  of 
the  real  estate  on  the  line  of  such  street  or  alley,  or  part 
thereof  proposed  to  be  paved  or  repaved,  and  which  may 
be  subject  to  assessment  for  such  pavement:    Provided, 
however,  said  City  Commission  shall  not  be  required  to 
pave  any  street  or  alley  for  a  shorter  distance  than  forty 
rods,  unless  the  street  or  alley  proposed  to  be  paved  shall 
be  shorter  than  forty  rods ;  and  provided  further,  that 
when  the  street  mentioned  in  said  petition  shall  intersect 
a  street  which  is  already  paved  or  be  a  portion  of  the 
street,  a  part  of  which  has  been  previously  paved,  the 
new  pavement  so  constructed  shall  commence  at  the  inter- 
section of  such  paved  street  or  shall  be  a  continuation  of 
the  pavement  already  laid  on  the  street  which  is  partially 
paved ;  and  provided  further,  the  City  Commission  shall 
not  by  this  provision  be  required  to  construct  the  pave- 
ment petitioned  for,  if  the  cost  thereof  will  exceed  the 
bonding  limit  for  such  purposes  fixed  by  this  charter. 
The  term  "paving"  as  used  in  this  subject  of  the  charter 
shall  be  deemed  to  include  the  construction  of  crosswalks, 
gutters,  curbing  and  the  necessary  grading. 

(248)  Sec.  2.     Whenever  any  paving  has  been  ordered 
upon  any  street,  alley  or  public  highway  in  the  City,  it 
shall  be  the  duty  of  all  persons  owning  property  abutting 
the  same,  to  make  all  necessary  sewer,  water  and  gas  con- 
nections in  front  of  their  respective  premises,  beyond  the 
curb  line  of  such  proposed  pavement,  before  the  paving 
is  commenced.  Such  connections  shall  be  made  in  the  man- 
ner and  at  the  time  or  times  directed  by  the  City  Com- 
mission. In  case  any  owner  of  such  premises  shall  neglect 
or  refuse  to  make  such  connections  as  required,  the  City 
Commission  shall  cause  the  same  to  be  made,  and  the 
respective  owners  of  such  premises  shall  be  liable  for  the 
cost  thereof,  which  if  not  paid  upon  demand  may  be  re- 

(64) 


covered  by  the  City  in  an  action  of  assumpsit  or  the  City 
Commission  shall  cause  such  costs  to  be  reported  to  the 
Assessor,  who  shall  levy  and  assess  the  same  as  a  special 
assessment  upon  the  premises  in  front  of  which  such 
costs  were  incurred.  The  costs  so  incurred  shall  be  and 
remain  a  lien  on  such  premises  until  paid  and  the  institu- 
ting of  suit  shall  not  affect  such  lien  until  judgment  is 
paid. 

(249)  Sec.  3.     The  cost  or  expense  of  paving  or  re- 
paving  street  and  public  alley  intersections  and  to  the 
center  of  the  street  in  front  of  lands  exempt  from  taxation 
shall  be  borne  by  the  City.     The  City  shall  also  at  its 
own  expense  clean,  maintain  and  make  necessary  repairs 
to  all  pavements. 

(250)  Sec.  4.     Except  the  cost  of  intersections  and  of 
paving  in  front  of  exempt  property,  the  entire  cost  of 
original  pavements  shall  be  met  by  special  assessments 
upon  premises  included  in  a  special  district  to  be  con- 
stituted of  the  lands  fronting  upon  that  part  of  the  street 
or  alley  so  paved  or  to  be  paved. 

(251)  Sec.  5.     In  the  case  of  repaving  one-half  of  the 
cost,  besides  that  of  street  and  public  alley  intersections 
and  of  paving  in  front  of  exempt  property,  shall  be  borne 
by  the  City  and  the  other  half  shall  be  assessed  against 
the  abutting  property  owners  in  the  manner  aforesaid : 
Provided,  that  if  such  repaving  becomes  necessary  within 
twenty  years  of  the  original  paving  the  cost  thereof  shall 
be  wholly  borne  by  the  City. 

(252)  Sec.  6.     If  from  the  shape  or  size  of  any  lot  an 
assessment  thereon  for  paving  or  repaving  in  proportion 
to  its  frontage  would  be  unjust  and  disproportionate  to 
the  assessment  upon  other  lands,  the  Assessor  may  assess 
such  lot  or  such  number  of  feet  frontage  as  in  his  opinion 
would  be  just. 

(253)  Sec.  7.     Such  parts  of  the  expense  of  any  pave- 
ment as  are  for  the  paving  of  squares  or  spaces  formed 
by  the  intersecting  lines  of  public  streets  and  alleys,  the 
extra  expense  of  crosswalks  and  which  shall  be  for  the 
paving  of  half  of  the  street  or  alley  in  front  of  or  adjoin- 
ing to  school  buildings,  county  buildings  and  other  public 
buildings  and  grounds  not  taxable,  shall  in  all  bids  re- 
quested and  in  all  contracts  for  paving,  be  itemized  sep- 
arate from  that  of  those  for  the  doing  of  the  portions  of 
the  work,  for  which  persons  owning  real  estate  abutting 

(65) 


said  street  or  alley  benefited  are  to  be  assessed,  but  may 
be  included  in  the  same  contract,  and  the.  cost  of  such 
portion  of  the  work  shall  be  paid  by  the  City  from  the 
general  street  fund,  or  in  the  first  instance  may  be  paid 
by  the  issue  of  bonds  as  hereinafter  provided. 

(254)  Sec.  8.     The  City  Commission  shall  determine 
by  resolution  the  estimated  cost  of  the  work  to  be  paid 
by  the  City,  and  the  amount  thereof  to  be  paid  by  the 
owners  of  the   abutting  property.     For  the  purpose  of 
meeting  the  expense  of  said  pavements,  in  anticipation  of 
the  collection  of  the  assessments  on  account  of  paving  or 
repaving,  the  City  Commission  may,  by  resolution,  au- 
thorize and  direct  that  a  sum  of  money,  not  exceeding 
the  entire  cost  of  said  work,  shall  be  borrowed  by  the 
issue   of  bonds   to   be   known   as   "Public   Improvement 
Bonds,"  as  provided  under  the  subject  "Special  Assess- 
ments" in  this  charter:     Provided,  that  the  total  amount 
of  public  improvement  bonds  for  paving,  outstanding  at 
any  one  time,  shall  not  exceed  three  hundred  thousand 
dollars. 

(255)  Sec.   9.       The     Treasurer     shall     keep     strict 
account  of  all  the  moneys  received  on  the  sale  of  such 
bonds,  and  each  of  the  said  pavements  shall  have  in  the 
Treasurer's  account  a  separate  fund ;  and  all  the  moneys 
obtained  on  the  sale  of  bonds  shall  be  applied  to  the  pay- 
ment of  the  cost  of   the  construction  of  the  particular 
pavement  for  which  the  same  was  issued,  and  all  special 
assessments  or  other  moneys   paid   on   account  thereof 
shall  be  applied  to  the  payment  of  such  pavement  bonds, 
and  if  there  shall  be  any  surplus  moneys  arising  from 
assessments  for  any  such  pavement,  the  same  shall  be  re- 
funded to  the  abutting  property  owners  pro  rata. 

SIDEWALKS 

(256)  Sec.  1.     The  City  Commission  may  establish, 
construct  and  maintain  sidewalks  and  curbs  in  the  City, 
of  such  dimensions  and  materials,  and  under  such  regula- 
tions as  it  may  deem  proper,  for  the  public  use  and  benefit 
of  the  City.     The  expense  of  surveying  and  grading  for 
all  sidewalks  and  curbs  and  the  expense  of  all  crosswalks 
and  intersections  shall  be  borne  by  the  City  and  paid  from 
the  general  sidewalk  fund.     The  balance  of  the  expense 
of  such  sidewalks  and  curbs  shall  be  borne  by  the  owners 
of  the  premises  abutting  on  the  said  sidewalk  or  curb, 

(66) 


and  shall  be  assessed  and  become  a  charge  against  the 
premises  so  abutting  on  such  sidewalks  or  curbs  and  the 
owners  thereof. 

(257)  Sec.  2.     The  City  Commission  shall  determine 
by    resolution    the    estimated    cost    of    the    work    to  be 
paid  by  the  City,  and  the  amount  thereof  to  be  paid  by 
the  owners  of  the  abutting  property.    For  the  purpose  of 
meeting  the  expense  of  said  sidewalks  and  curbs,  in  an- 
ticipation of  the  collection  of  the  assessments  on  account 
of  such  sidewalks  and  curbs,  the  City  Commission  may, 
by  resolution,  authorize  and  direct  that  a  sum  of  money, 
not  exceeding  the  entire  cost  of  said  work,  shall  be  bor- 
rowed by  the  issue  of  bonds  to  be  known  as  "Public  Im- 
provement    Bonds,"     as    provided     under    the     subject 
"Special  Assessments"  in  this  charter,  or  by  the  issue 
of  certificates  of  indebtedness  or  notes,  at  a  rate  of  inter- 
est not  exceeding  five  per  cent  per  annum,  and  which 
shall  be  endorsed,  and  may  be  made  payable  in  like  man- 
ner as  bonds,  issued  for  a  similar  purpose. 

(258)  Sec.  3.     The  cost  of  maintaining  all  sidewalks 
or  curbs  shall  be  borne  by  the  City,  but  in  case  old  side-" 
walks  or  curbs  are  replaced  by  new  ones,  the  expense 
shall  be  borne  as  provided  in  Section  1  of  this  subject. 

(259)  Sec.  4.     The  City  Commission  shall  have  the 
power  to  cause  or  require  the  owners  or  occupants  of  any 
lot  or  premises  to  remove  all  snow,  ice,  or  slush  from  the 
sidewalk  in  front  of  or  adjacent  to  said  lot  or  premises 
and  to  keep  the  same  free  from  obstruction,  encroach- 
ment, encumbrance,  filth,  or  other  nuisance. 

(260)  Sec.  5.     The  City  Commission  shafr  also  have 
power  to  regulate  and  prohibit  the  construction  and  use 
of  openings  in  sidewalks  and  of  all  vaults,  structures,  and 
excavations  under  the  same. 

SEWERS 

(261)  Sec.  1.     The  City  Commission  may  establish, 
construct,  and  maintain  sewers  and  drains  whenever  and 
wherever  necessary  and  of  such  dimensions  and  materials' 
and  under  such  regulations  as  it  may  deem  proper  for 
the  drainage  of  the  City,  and  may  regulate  and  maintain 
those  already  constructed,  and  may  discontinue  the  same 
when  necessary,  and   shall  have  the  care  and  manage- 
ment of  all   sewers  and  drains  and  the  charge  of  their 
construction,  and  may  also  make  the  necessary  expendi- 

(67) 


tures  to  enclose  in  walls  or  dikes,  or  otherwise  improve 
Grand  River,  remove  obstructions  therefrom  and  clean 
out  the  channel  and  straighten  its  course  within  the 
City  and  from  the  city  limits  to  a  point  four  miles 
below  the  mouth  of  the  Portage  River,  and  may  pre- 
scribe the  dimensions  and  materials  and  manner  of 
construction  of  such  walls  or  dikes ;  and  private 
property  may  be  taken  therefor  in  the  manner  prescribed 
by  the  general  laws  for  taking  such  property  for  public 
use.  In  all  cases  where  the  City  Commission  shall  deem 
it  practicable,  sewers  and  drains  shall  be  constructed  on 
the  public  streets  and  grounds.  In  case  the  State  of 
Michigan,  in  order  to  improve  the  outlet  for  the  sewage 
of  the  state  prisqn,  determines  to  improve  Grand  River 
below  the  City  limits,  the  City  Commission  may,  with 
the  approval  of  the  electors,  upon  referendum,  defray 
such  part  of  the  expense  so  incurred  as  shall  be  deemed 
for  the  interest  of  the  City  by  tax  or  the  issuance  of 
bonds. 

(262)  Sec.  2.     The  City  Commission  shall  have  power 
to  use,  control,  and  regulate  streams,  waters,  and  water 
courses  within  boundaries  of  the  City ;  and  subject  to  the 
constitution  and  general  laws  of  the  state,  may  survey, 
meander  and   establish   boundaries    for    such    streams, 
water  and  water  courses. 

(263)  Sec.  3.     The  City  Commission,  whenever  it  be- 
comes necessary,  in  its  opinion,  to  provide  sewers  and 
drains  for  the  City  or  any  part  thereof,  shall  so  declare 
by  resolution  and  shall  therein  direct  the  proper  officers 
or  employes  of  the  City  to  report  a  plan  thereof  for  the 
whole  City  or  such  part  thereof  as  the  City  Commission 
may   determine;   in   all   instances    such   plans    shall    be 
formed  with  a  view  to  a  division  of  the  City  into  main 
sewer  districts,  each  to  contain  one  or  more  principal 
sewers,  with  the  necessary  branches  and  connections,  the 
districts  to  be  numbered   and  so  arranged  as  to  be  as 
nearly  independent  of  each  other  as  may  be.     Plats  or 
diagrams  of  such  plan,  when  adopted,  shall  be  filed  in 
the  office  of  the  City  Clerk.     Main  sewer  districts  may 
be  subdivided  into  special  sewer  districts  in  such  a  man- 
ner that  each  special  district  shall  include  one  or  more 
lateral  or  branch  sewers,  connecting  with  the  main  sewer, 
and  such  lands  as  in  the  opinion  of  the  City  Commission 
will  be  benefited  by  the  construction  thereof.    Whenever 

(68) 


deemed  necessary  special  sewer  districts,  to  include  one 
or  more  local  or  branch  sewers,  and  such  lands  as  in  the 
opinion  of  the  City  Commission  will  be  benefited  by  the 
construction  thereof  may  be  formed  of  territory  not  in- 
cluded in  any  main  sewer  district:  Provided,  that  no 
change  shall  be  made  in  the  existing  system  of  sewers 
unless  authorized  by  a  majority  vote  of  the  electors  vot- 
ing on  such  proposition. 

(264)  Sec.  4.     A  portion  of  the  cost  of  any  main  or 
trunk  sewer  equal  to  the  estimated  cost  of  the  construc- 
tion of  a  sufficient  lateral  sewer,  not  exceeding  twelve 
inches  in  diameter,  upon  the  street  or  streets  where  said 
main  or  trunk  sewer  is  to  be  constructed,  shall  be  borne 
by  the  property  owners  within  the    said    district    and 
assessed  upon  all  taxable  lands  and  premises  included 
within  said  sewer  district  in  proportion  to  the  benefits 
accruing  to  each  parcel  respectively  from  said  sewer.  The 
City  Commission  shall  have  power  to  determine  the  size 
of  the  sewer  for  which  property  owners  within  said  dis- 
trict shall  pay  the  estimated  cost,  it  being  the  intention 
that  property  owners  within  a  district  established  for  the 
construction  of  a  main  or  trunk  sewer  shall  pay  in  the 
same  proportion,  according  to  the  benefits,  as  those  prop- 
erty owners  within  a  district  for  the  construction  of  a 
lateral  sewer,  branch  sewer,  or  local  sewer,  as  nearly  as 
may  be.     The  remainder  of  the  expense  of  constructing 
a  main  or  trunk  sewer  shall  be  borne  by  the  City  and  paid 
from  the  general  sewer  fund.  % 

(265)  Sec.  5.     The  cost  of  walling,  diking,  or  improv- 
ing Grand  River  or  any  portion  thereof,  shall  be  paid 
from  the  general  sewer  fund:     Provided,  however,  that 
the  City  Commission  shall  have  power  to  determine  that 
any  part  of  the  expense  thereof,  not  exceeding  one-half, 
be  defrayed  by  special  assessment  in  proportion  to  the 
benefits  upon  all  taxable  lands  and  premises  included 
within  a  special  assessment  district  to  be  formed  by  the 
City  Commission,  assessed  and  collected  as  by  this  char- 
ter provided,  in  proportion  to  estimated  benefits. 

(266)  Sec.  6.    The  cost  of  any  lateral,  branch,  or  local 
sewer  constructed  within  a  special  sewer  district  shall  be 
defrayed  by  special  assessment  in  proportion  to  benefits 
on  all  taxable  lands  and  premises  included  within  said 
special  sewer  district,  as  the  case  may  be,  in  proportion 
to  such   estimated  benefits  accruing  to  each   parcel  re- 

(69) 


spectively  in  the  construction  of  such  lateral,  branch  or 
local  sewer:  Provided,  that  if  in  the  judgment  of  the 
City  Commission,  because  of  some  incidental  benefit  to 
the  City,  or  because  the  district  in  which  the  lateral 
sewer  is  built  has  been  heretofore  assessed,  any  portion 
of  such  expense  should  be  defrayed  out  of  the  general 
sewer  fund,  it  may  so  determine  by  resolution.  In  case 
the  total  of  special  assessments  permitted  under  this  sec- 
tion shall  not  be  sufficient  to  defray  the  cost  of  such 
lateral,  branch,  or  local  sewer,  the  difference  between 
the  total  of  special  assessments  permissible  under  this 
section  and  the  total  cost  of  any  such  lateral,  branch,  or 
local  sewer  shall  be  paid  from  the  general  sewer  fund. 

(267)  Sec.   7.     The   City  Commission    shall    require 
each  and  every  person  owning  property  which  has  not 
been  assessed  for  the  building  of  a  sewer,  to  pay  such 
sum  as  it  may  fix  before  allowing  him  to  connect  with 
such  sewer,  which  sums,  when  collected  shall  constitute 
a  fund  for  the  repair  of  said  sewer. 

(268)  Sec.  9.     The  City  Commission  may  enact  ordi- 
naces  necessary  for  the  protection  and  control  of  the 
public  drains  and  sewers,  and  of  diking  and  other  im- 
provements, and  to  carry  into  effect  the  powers  herein 
conferred  in  respect  to  drainage  of  the   City,  and  the 
diking  and  other  improvements  of  Grand  River,  and  in 
such  ordinances  it  may  provide  what  work  of  removing 
obstructions,  cleaning  out  the  channel,  and  straightening 
the  course  of  Gfand  River  and  of  protecting  the  walls, 
shall  be  deemed  parts  of  the  diking. 

(269)  Sec.  10.     Persons  assessed  for  the  expense  of 
building  any  sewer  may  connect  the  property  assessed 
with  said  sewer.    The  City  Commission  shall  provide  the 
manner  in  which  all  connections  with  sewers   shall   be 
made.     The  City  Commission  may  require  the  owners 
and    occupants    of    premises    along    the    line    of    any 
sewer  to  connect  such  property,  and  all  water  closets, 
urinals  and  sinks  thereon,  with  the  public  sewer,  and  to 
keep  such  connections  in  repair,  and  free  from  obstruc- 
tions and   nuisances ;  and  if  such  connections   are   not 
made  and  maintained  according  to  such  requirement,  the 
City  Commission  may  cause  the  work  to  be  done  at  the 
expense  of  such  owner  or  occupant,  and  the  amount  of 
such  expense  shall  be  a  lien  upon  the  premises  where 

(70) 


the  connection  is  made,  and  may  be  collected  by  special 
assessment  to  be  levied  thereon. 

SPECIAL  ASSESSMENTS 

(270)  Sec.  1.     Whenever  the  City  Commission  shall 
determine  to  make  any  public  improvement  or  repairs, 
and  defray  the  whole  or  any  part  of  the  cost  thereof  by 
special    assessment,    it   shall    so    declare   in    the    annual 
budget,  or  thereafter  by  resolution,  stating  the  improve- 
ment, and  what  part  of  the  expense  thereof  shall  be  paid 
by  special  assessment,  and  what  part,  if  any,  shall  be 
appropriated  from  the  general  funds,  and  shall  designate 
the  district  or  lands  and  premises  upon  which  the  special 
assessment  shall  be  levied. 

(271)  Sec.  2.     When  any  special  assessment  is  to  be 
made  pro  rata  upon  the  lots  and  premises  in  any  special 
district,  according  to  frontage  or  benefits,  the  City  Com- 
mission shall  by  resolution  direct  the  same  to  be  made  by 
the  Assessor,  and  shall  state  therein  the  amount  to  be 
assessed,  whether  according  to  benefits  or  frontage,  and 
describe  or  designate  the  lots  and  premises  or  locality 
constituting  the  district  to  be  assessed. 

(272)  Sec.     3.       Upon     receiving     such     direction, 
the   Assessor   shall    make   out   an   assessment   roll,   en- 
tering and  describing  therein  all  the  lots,  premises  and 
parcels  of  land  to  be  assessed,  and  the  valuation  thereof, 
with  the  names  of  the  persons,  if  known,  chargeable  with 
the  assessment  thereon,  and  he  shall  levy  thereon  and 
against  such  persons  the  amount  to  be  assessed;  assess- 
ing upon  each  lot  such  relative  portion  of  the  whole  sum 
to  be  levied  as  shall  be  proportionate  to  the  estimated 
benefits  resulting  to  such  lots  from  the  improvement,  as 
ascertained   in   the  manner  directed  by  the   City   Com- 
mission, or  by  any  provision  of  this  charter,  and  when 
such  assessment  is  completed,  he  shall  report,  the  same 
to  the  City  Commission.     If  the  assessment  is  required 
to  be  according  to  frontage,  he  shall  assess  to  each  lot  or 
parcel  of  land,  such  relative  portion  of  the  whole  amount 
to  be  levied  as  the  length  of  frontage  of  such  premises 
abutting  upon  the  improvement  bears  to  the  whole  front- 
age of  all  the  lots  to  be  assessed,  unless  on  account  of 
the  irregular  shape  or  size  of  any  lot  an  assessment  for 
a  different  number  of  feet  would  be  more  equitable.     If 
the  assessment  is  directed  to  be  according  to  benefits, 

(71) 


he  shall  assess  upon  each  lot  such  relative  portion  of  the 
whole  sum  to  be  levied  as  shall  be  proportionate  to  the 
estimated  benefits  resulting  to  such  lot  from  the  improve- 
ment. 

(273)  Sec.  4.     When  any  expense  shall  be  incurred 
by  the  City  upon  or  in  respect  to  any  separate  or  single 
parcel  of  land  or  premises,  which,  by  the  provisions  of 
this  act  the  City  Commission  is  authorized  to  charge  and 
collect  as  a  special  assessment  against  the  same,  and  not 
being  of  that  class  of  special  assessments  required  to  be 
made  pro  rata  upon  the  several  lots  or  parcels  of  land  in 
an  assessment  district,  an  account  of  the  labor  or  services 
for  which  such  expense  is  incurred,  verified  by  the  officer 
or  persons  performing  the  labor  or  services,  with  a  de- 
scription of  the  lot  or  premises  upon  or  in  respect  to 
which  the  expense  was  incurred,  and  the  name  of  the 
owner  or  person  chargeable  therewith,  shall  be  reported 
to  the  City  Commission  in  such  manner  as  it  shall  pre- 
scribe. 

(274)  Sec.  5.     The  City  Commission  shall  determine 
what  amount  or  part    of   every    such    expense    shall    be 
charged,  except  as  herein  otherwise  provided,  and  the  per- 
son, if  known,  against  whom,  and  the  premises  upon  which 
the  same  shall  be  levied  as  a  special  assessment,  and  it 
shall  require  all  of  the  several  amounts  so  reported  and  de- 
termined, and  the  several  lots  or  premises,  and  the  person 
chargeable  therewith,  respectively,  to  be  reported  by  the 
City  Clerk  to  the  Assessor  for  the  assessment. 

(275)  Sec.  6.     Upon  receiving  the  report  mentioned 
in  the  preceding  section,  the  Assessor  shall  make  a  special 
assessment  roll,  and  levy  as  a  special  assessment  thereon 
upon  each  lot  or  parcel  of  land  so  reported  to  him,  and 
against  the  person  chargeable  therewith,  if  known,  the 
whole  amount  or  amounts  of  all  charges  so  directed  as 
aforesaid  to  be  levied  upon  each  of  such  lots  or  premises 
respectively,  and  when  completed,  the  same^  shall  be  sub- 
mitted to  the  City  Attorney,  who  shall  carefully  review 
and  correct  and  return  the  same  within  twenty  days  from 
the  receipt  of  the  same  to  the  Assessor,  with  such  cor- 
rections as  said  city  attorney  may  deem  necessary,  and 
after  the  same  has  been  so  corrected  the  Assessor  shall 
report  said  assessment  to  the  City  Commission. 

(276)  Sec.  7.     When  any  special  assessment  shall  be 
reported  by   the   Assessor  to  the   City   Commission,   as 

(72) 


herein  provided,  the  same  shall  be  filed  in  the  office  of 
the  City  Clerk  and  numbered  and  designated  by  the  name 
by  which  it  was  known  in  the  budget  or  resolution  order- 
ing the  same.  Before  adopting  the  assessment  the  City 
Commission  shall  cause  notice  to  be  published  for  five 
days  in  the  official  newspaper  of  the  City,  of  the  filing 
of  the  same  with  the  City  Clerk,  and  appointing  a  time 
when  the  City  Commission  and  Assessor  will  meet  to  re- 
view the  assessment.  Any  person  objecting  to  the 
assessment  shall  file  his  objection  thereto  in  writing  with 
the  City  Clerk. 

(277)  Sec.  8.     At  the  time  appointed  for  that  purpose 
the  City  Commission  and  Assessor  shall  meet  and  then, 
or  at  some  adjourned   meeting,  review  the  assessment. 
The  City  Commission  shall  correct  the  same  if  necessary 
and  confirm  it  as  reported  or  as  corrected,  or  it  may  refer 
the  assessment  back  to  the  Assessor  for  revision  or  annul 
it  and  direct  a  new  assessment.  In  case  of  annulment  the 
same  proceeding  shall  be  had  as  in  respect  to  the  previous 
assessment.     When  a  special  assessment  shall  be  con- 
firmed, the  City  Clerk  shall  endorse  a  certificate  thereof 
upon  the  roll,  showing  the  date  of  confirmation.    The  pro- 
visions of  this  section  and  the  last  preceding  section  shall 
not   apply  to  assessments  upon  a  single  parcel  of  land 
assessed  for  expense  incurred  by  reason  of  the  default 
of  the  owner  in  not  complying  with  any  order  of  the  City 
Commission  made  in  compliance  with  this  charter. 

( 278)  Sec.  9.     All  special  assessments  shall,  from  the 
date  of  confirmation  thereof,  constitute  a  lien  upon  the  re- 
spective lots  or  parcels  of  lands  assessed,  and  shall  be  a 
charge  against  the  persons  to  whom  assessed  until  paid ; 
and  when  any  special  assessment  shall  be  so  confirmed 
by  the  City  Commission,  it  shall  be  final  and  conclusive, 
but  no  such  assessment  shall  be  confirmed  except  by  the 
concurrence  of  a  majority  of  the  City  Commission. 

(270)  Sec.  10.  Upon  the  confirmation  of  any  special 
assessment,  except  as  otherwise  provided  in  this  charter, 
the  amount  thereof  may  be  divided  into  not  more  than 
ten  installments  or  in  the  case  of  sidewalks  into  not  more 
than  five  installments,  one  of  which  shall  be  collected  on 
or  before  the  improvement  is  completed,  and  one  eacji 
year  thereafter  at  such  times  as  the  City  Commission 
shall  determine,  with  interest  payable  annually  at  a  rate 
not  exceeding  five  per  cent  per  annum,  and  warrants  shall 

(73) 


be  issued  for  the  collection  thereof.  Any  person  refus- 
ing or  neglecting  to  pay  an  installment  within  thirty  days 
after  it  becomes  due  shall  be  charged  with  a  collection 
fee  of  one  per  cent  for  each  month,  or  fraction  thereof, 
while  he  is  in  default. 

(280)  Sec.    11.     The    City    Commission    shall    have 
power  to  borrow  the  money  necessary  to  complete  such 
public   improvement   for   which   special   assessment   roll 
shall   have  been  made   as   aforesaid,  and   issue   for  the 
amount  of  such  loan  the  bonds  of  the  City  to  be  desig- 
nated "Public   Improvement   Bonds,"   said  bonds  to   be 
endorsed  with  the  name  of  the  particular  improvement. 
^Said  bonds  shall  be  payable  in  as  many  years  as  there  are 
deferred  installments  into  which  the  special  assessment 
has  been  divided,  and  an  equal  amount  of  said  bonds  shall 
be  payable  annually  from  the  date  of  issuance  until  all 
are  paid,  and  shall  bear  interest  at  a  rate  not  exceeding 
5  per  cent  per  annum,  and  the  City  Commission  shall  re- 
imburse the  City  for  money  so  borrowed  from  the  pro- 
ceeds of  such  special  assessments. 

(281)  Sec.  12.     It  shall  be  lawful  to  issue  only  such 
bonds  as  may  be  necessary  to  pay  the  expense  of  the 
particular    improvement    for    which    the    assessment    is 
made,  and  any  saving  therein,  either  in  interest  or  prem- 
ium, on  bonds,  or  any  amount  thereof  beyond  the  cost  of 
preparing  the  bonds  for  signature,  from  the  amount  of 
the  special  assessment,  shall  be  pro  rata  for  the  benefit 
of  the  persons  and  lands  assessed,  and  shall  be  deducted 
from   the   last   installment   or   installments   of   the    said 
special  assessment.    Said  bonds  shall  be  payable  as  near 
as  may  be  at  the  time  when  special  assessments  may 
with  due  diligence  be  collected :     Provided,  that  at  any 
time  after  the  special  assessment  roll  is  completed  and 
certified  to  the  Treasurer,  any  person  assessed  may  pay 
the  amount  assessed  against  him,  and  may  have  on  the 
completion  of  the  work  such  deduction  as  he  may  equit- 
ably be  entitled  to  if  the  improvement  shall  have  been 
made  at  a  less  cost  than  the  amount  of  the  estimate  on 
which  the  assessment  was  based.    This  section  shall  not 
be  deemed  to  prohibit  the  issuance  of  bonds  to  defray  the 
City's  portion  of  the  cost  of  any  public  improvements 
when  the  same  are  duly  authorized  by  the  electors. 

(282)  Sec.  13.     Except  as  otherwise  provided  in  this 
charter  or  by  the  City  Commission,   all   special  assess- 

(74) 


ments,  except  such  installments  thereof  as  the  City  Com- 
mission shall  make  payable  at  the  future  time  as  pro- 
vided in  the  last  section,  shall  be  due  and  payable  im- 
mediately upon  execution  of  the  contract  for  the  per- 
formance of  the  work  and  furnishing  of  the  material  for 
which  such  special  assessments  are  levied. 

(£83)  Sec.  14.  If  any  special  assessment  shall  be 
divided  into  installments,  a  special  assessment  roll  shall 
be  made  for  each  installment  as  the  same  shall  become 
due,  with  the  accrued  interest  upon  all  unpaid  install- 
ments included  and  assessed  therein.  Such  special  rolls 
may  be  made  and  confirmed  without  notice  to  the  persons 
assessed. 

(284)  Sec.  15.  Should  any  lots  or  lands  be  divided  after 
a  special  assessment  thereon  has  been  confirmed  and  di- 
vided into  installments,  and  before  the  collection  of  all 
the  installments,  the  City  Commission  may  require  the 
Assessor  to  apportion  the  uncollected  amounts  upon  the 
several  parts  of  the  lots  and  lands  so  divided.     The  re- 
port of  such  apportionment,  when  confirmed  by  the  City 
Commission,  shall  be  conclusive  upon  all  the  parties,  and 
all  assessments  thereafter  made  upon  such  lots  or  lands 
shall  be  according  to  such  division. 

(285)  Sec.  16.     Should  any  special  assessment  pro/ve 
insufficient  to  pay  for  the  improvement  or  work  for  which 
it  was  levied,  and  the  expenses  incident  thereto,  the  City 
Commission  shall  make  an  additional  pro  rata  assessment 
to  supply  the  deficiency;  and  in  case  a  larger  amount 
shall  have  been  collected  than  was  necessary,  the  excess 
shall  be  refunded  ratably  to  those  by  whom  it  was  paid. 

(286)  Sec.   17.     Whenever  any  special   assessments, 
heretofore  or  hereafter  made,  shall,  in  the  opinion  of  the 
City  Commission,  be  invalidated  by  reason  of  irregularity 
or  informality  in  the  proceedings,  or  if  any  court  of  com- 
petent jurisdiction  shall  adjudge  such  assessment  to  be 
illegal,  the  City  Commission  shall,  whether  the  improve- 
ment has  been  made  or  not,  or  whether  any  part  of  the 
assessment  has  been  paid  or  not,  have  power  to  cause  a 
new  assessment  to  be  made  for  the  same  purpose  for 
which  the  former  assessment  was  made.     All  the  pro- 
ceedings on   such   reassessment,   and  for  the   collection 
thereof  shall  be  conducted  in  the  same  manner  as  herein 
provided  for  the  original  assessment,  and  whenever  any 
sum  or  any  part  thereof  levied  upon  any  premises  in  the 

(75) 


assessment  so  set  aside  has  been  paid  and  not  refunded, 
the  payment  so  made  shall  be  applied  upon  the  reassess- 
ment on  said  premises  and  the  reassessment  shall  to  that 
extent  be  deemed  satisfied. 

(287)  Sec.  18.     No  judgment  or  decree,  nor  any  act 
of  the  City  Commission  vacating  a  special  assessment, 
shall  destroy  or  impair  the  lien  of  the   City  upon   the 
premises  assessed  for  such  amount  of  the  assessment  as 
may  be  equitably  charged  against  the  same,  or,  as  by  a 
regular  mode  of  proceeding,  might  have  been   lawfully 
assessed  thereon. 

(288)  Sec.    19.     Whenever    any     special     assessment 
shall  be  confirmed  and  be  payable,  the  City  Commission 
may  direct  the  City  Clerk  to  levy  the  sums  therein  men- 
tioned upon  the  respective  lots   and  premises  to  which 
they  are   especially  assessed,   and   against    the    persons 
chargeable  therewith  as  a  tax,  in  the  City  tax  roll  next 
thereafter  to  be   made,  in  a  column  for  special  assess- 
ments, and  thereupon  the  amount  so  levied  in  the  city 
tax  roll  shall  be  collected  and  enforced  with  other  taxes 
in  the  city  tax  roll  and  in  the  same  manner ;  and   shall 
continue  to  be  a  lien  upon  the  premises  assessed  until 
paid,  and  when  collected  shall  be  paid  into  the  city  treas- 
ury.    Delinquent  assessments  shall  be  returned  to   the 
county  treasurer,  and  collected  by  him  in  the  same  man- 
ner as  other  delinquent  taxes  are  collected  as  elsewhere 
provided  in  this  charteY. 

(289)  Sec.   20.     When   any   special   assessment   shall 
be  confirmed,  and  be  payable  as  hereinbefore  provided, 
the  City  Commission,  instead  of  requiring  the  assessment 
to  be  levied  in  the  city  tax  roll,  as  provided  in  the  pre- 
ceding section,  may  direct  the  assessment  so  made  in  the 
special  assessment  roll  to  be  collected  directly  therefrom ; 
and  thereupon  the  City  Clerk   shall  attach  his  warrant 
to  a  certified  copy  of  said  special  assessment  roll,  therein 
commanding  the  Treasurer  to  collect"  from  each  of  the 
persons  assessed  in  said  roll  the  amount  of  money  assess- 
ed  to   and   set  opposite   his   name   therein ;   and   in   case 
any  person  named  in  said  roll  shall  neglect  or  refuse  to 
pay  his  assessment  upon  demand,  then  to  levy  and  collect 
the  same  by  distress  and  sale  of  the  goods  and  chattels 
of  such  persons ;  and  that  he  pay  the  money  so  collected 
into  the  city  treasury  ;  and  return  said  roll  and  warrant, 
together  with  his  doings  thereon  in  sixty  days  from  the 

(76) 


date  of  such  warrant.  In  case  the  warrant  shall  be  re- 
newed by  direction  of  the  City  Commission  as  provided  in 
Section  23  of  this  subject,  the  City  Clerk  shall,  in  the 
certificate  of  renewal  thereof,  direct  the  Treasurer  to  col- 
lect from  the  same  persons  named  in  said  roll  whose 
assessments  remain  unpaid,  in  addition  to  the  several 
sums  set  opposite  their  respective  names,  one  per  cent 
on  all  sums  paid  during  the  first  month  of  the  renewal  of 
said  warrant,  and  one  per  cent  additional  for  each  month 
or  part  of  a  month  thereafter  during  which  any  sums 
shall  remain  unpaid,  so  long  as  the  warrant  shall  be  re- 
newed and  remain  in  force. 

(290)  Sec.  21.     Upon  receiving  said  assessment  roll 
and  warrant  the  Treasurer  shall  proceed  to  collect  the 
amounts  assessed  therein ;  and  if  the  warrant  shall  be  re- 
newed as  provided  for  in  Section  23  of  this  subject,  then 
he  shall  also  collect  the  percentages  mentioned  in  the  last 
preceding  sections.    If  any  person  shall  neglect  or  refuse 
to  pay  his  assessment  upon  demand,  the  Treasurer  shall 
seize  and  levy  upon  any  personal  property  found  within 
the  City  or  elsewhere  within  the  county,  belonging  to 
such  person,  and  sell  the  same  at  public  auction,  first 
giving  six  days'  notice  of  the  time  and  place  of  such  sale 
by  posting  such  notices  in  three  public  places  in  the  City 
or  township  where  such  property  may  be  found.     The 
proceeds  of  such  sale,  or  so  much  thereof  as  may  be  neces- 
sary for  that  purpose,  shall  be  applied  to  the  payment  of 
the  assessment,  and  for  the  costs  and  expenses  of  said 
seizure  and  sale,  and  the  surplus,  if  any,  shall  be  paid  to 
the  person  entitled  thereto. 

(291)  Sec.  22.     The  Treasurer  shall  pay  the  moneys 
and  all  the  costs  and  expenses  collected  by  him  into  the 
city  treasury,  and  file  a  statement  thereof  with  the  City 
Clerk.    He  shall  also  make  return  of  said  assessment  roll 
and  warrant  to  the  City  Clerk  according  to  the  require- 
ment of  the  warrant,  and  if  any  of  the  assessments  in  said 
roll  shall  be  returned  unpaid,  the  Treasurer  shall  attach 
to  his  return  a  statement,  verified  by  his  affidavit,  contain- 
ing a  list  of  the  persons  delinquent  and  a  description  of 
the  lots  and  premises  upon  which  the  assessments  remain 
unpaid,  and  the  amount  unpaid  on  each. 

(292)  Sec.  23.     Said  warrant  shall  be  renewed  from 
time  to  time  by  the  City  Clerk,  if  the  City  Commission 
shall  so  direct,  and  for  such  time  as  they  shall  determine, 

(77) 


but  not  to  exceed  four  months  in  all,  after  the  expiration 
of  the  sixty  days  mentioned  in  Section  20  of  this  subject, 
and  during  the  time  of  such  renewal  the  warrant  shall 
have  the  same  force  and  the  Treasurer  shall  perform  the 
same  duties  and  make  the  like  returns  as  above  provided. 
In  case  any  assessment  shall  be  finally  returned  by  the 
Treasurer  unpaid  as  aforesaid,  the  same  shall  then  be  re- 
turned to  the  Treasurer  of  the  County  of  Jackson,  with 
interest  included  from  the  date  of  the  confirmation  of  the 
assessment,  and  the  same  shall  be  collected  by  the  county 
treasurer  for  the  benefit  of  the  City  of  Jackson  as  other 
delinquent  taxes  against  real  estate  are  collected  as  here- 
inafter provided. 

(293)  Sec.  24.     At  any  time  after  a  special  assessment 
has  become  payable,  the  same,  and  also  the  percentage 
provided  for  in  case  of  renewal  of  the  warrant  attached 
to  the  roll,  may  be  collected  by  suit  in  the  name  of  the 
City  against  the  person  assessed  in  an  action  of  assump- 
sit.     In    such    action    a   declaration    upon   the     common 
counts  for  money  paid  shall  be  sufficient.     The  special 
assessment  roll  and  a  certified  order  or  resolution  con- 
firming the  same  shall  be  prima  facie  evidence  of  the 
regularity  of  all  proceedings  in  making  the  assessment, 
and  of  the  right  of  the  City  to  recover  judgment  therefor. 

(294)  Sec.  25.     If  in  any  such  action  it  shall  appear 
that  by  reason   of  any   irregularity  or  informality,   the 
assessment  has  not  been  properly  made  against  the  de- 
fendant or  upon  the  premises  sought  to  be  charged,  the 
court  may,  nevertheless,  on  satisfactory  proof  that  ex- 
pense has  been  incurred  by  the  City  which  is  a  proper 
charge  against  the  defendant  or  the  premises  in  question, 
render    judgment    for     the    amount     properly     charged 
against  such  defendant  or  upon  such  premises. 

(295)  Sec.  26.     The  provisions  of  the  last  two  preced- 
ing sections  shall  apply  as  well  to  assessments  made  be- 
fore the  adoption  of  this  charter  and  remaining  unpaid 
as  to  those  made  after  its  adoption. 

(296)  Sec.  27.     In  all  cases  where  awards  for  damages 
have  been  made  by  reason  of  the  opening  of  any  street 
in  said  city,  under  the  law  of  the  state  as  provided  by  this 
charter,  if  the  City  Commission  finds  that  a  portion  of 
the  City  in  the  vicinity  of  the  proposed  improvement  will 
be  benefited  by  said  improvement,  it  may,  by  an  entry 
in -their  minutes,  determine  that  the  whole  or  any  just 

(78) 


proportion  of  the  compensation  awarded  by  the  jury  shall 
be  assessed  upon  the  owners  or  occupants  of  real  estate 
deemed  to  be  thus  benefited ;  and  thereupon  it  shall  by 
resolution,  fix  and  determine  the  district  or  portion  of  the 
City  benefited  and  specify  the  amount  to  be  assessed  upon 
the  owners  or  occupants  of  the  taxable  real  estate  there- 
in. The  amount  of  the  benefits  thus  ascertained  shall  be 
assessed  upon  the  owners  or  occupants  of  such  taxable 
real  estate  in  proportion,  as  nearly  as  may  be,  to  the  ad- 
vantages which  such  lot,  parcel,  or  subdivision  is  deemed 
to  acquire  by  the  improvement.  The  assessments  shall 
be  levied  and  collected  in  the  same  manner,  as  nearly  as 
may  be,  as  other  special  assessments.  The  assessment 
roll,  containing-  said  assessments,  when  confirmed  by  the 
City  Commission,  shall  be  conclusive  and  prima  facie 
evidence  of  the  regularity  and  legality  of  all  proceedings 
prior  thereto,  and  the  assessment  therein  contained  shall 
be  and  continue  a  lien  on  the  premises  on  which  the 
assessment  is  made  until  payment  thereof.  Any  portion 
of  such  awarded  compensation  not  raised  by  special 
assessments  shall  be  paid  from  the  general  street  fund. 

MUNICIPAL  COURTS 

(297)  Sec.   1.     All  of  the  provisions   of  the  general 
laws,  as  existing  at  the  time  of  the  adoption  of  this  char- 
ter, shall  remain  in  full  force  and  effect,  so  far  as  the  same 
shall  relate  to  the  qualification,  terms  of  office,  powers, 
jurisdictions,  duties  and  compensation  of  the  justices  of 
the  peace  and  constables  of  the  City,  and  the  conduct  of 
all  proceedings,  suits  and  prosecutions  before  such  jus- 
tices of  the  peace  and  all  appeals  therefrom,  except  as  to 
the  time  and  manner  of  nomination  and  election  of  such 
officers. 

(298)  Sec.  2.     All  the  provisions  of  Act  399  of  the 
Local  Acts  of  1905,  relative  to  qualifications,  terms  of 
office,  powers,  jurisdictions,  duties  and  compensation  of 
justices  of  the  peace  and  constables,  and  relative  to  the 
police  court  of  the  City  of  Jackson  and  the  proceedings 
therein,  shall  remain  in  full  force  and  effect,  except  as  to 
the  time  and  manner  of  nomination  and  election  of  the 
judges,  justices  and  court  officers  thereof,  which  shall  be 
in  accordance  with  the  provisions  of  this  charter. 

(299)  Sec.  3.     The  Justice  of  the  Peace  shall  be  elect- 
ed at  the  general  election  to  be  held  in  April,  1915,  and 

(79) 


each  fourth  year  thereafter  and  the  Polite  Judge  shall  be 
elected  at  the  regular  charter  election  to  be  held  in  No- 
vember, 1917,  and  each  fourth  year  thereafter.  The  Jus- 
tice of  the  Peace  shall  assume  the  duties  of  his  office  on 
July  4th  after  his  election  and  the  Police  Judge  shall 
assume  the  duties  of  his  office  on  the  first  Monday  in  May 
after  his  election.  They  shall  hold  for  the  regular  terms 
as  prescribed  by  the  provisions  of  said  Act  399. 

MISCELLANEOUS 

(300)  Sec.  1.     All  process  against  the  City  of  Jackson 
may  be  served  upon  the  Mayor  or  City  Clerk. 

(301)  Sec.   2.     In   addition   to    the     rights,    powers, 
duties,  and  liabilities  of  officers  prescribed  in  this  charter, 
all  officers,  whether  elected  or  appointed,  shall  have  such 
other  rights,  powers,  duties  and  liabilities,  subject  to  and 
consistent  with  this  charter,  as  the  City  Commission  shall 
deem  expedient  and  prescribe  by  ordinance  or  resolution. 

(302)  Sec.  3.     Resignations,  when  tendered,  shall  be 
made,  in  the  case  of  elective  officers,  to  the  City  Com- 
mission, and  in   the  case  of  appointive  officers  or   em- 
ployes,  to   the   body   or   official    having   the    appointive 
power. 

(303)  Sec.  4.     There  shall  also  be  submitted  to  the 
electors,  for  their  approval  or  rejection,  at  the  same  time 
and  upon  the  same  ballot  that  this  proposed  charter  is 
submitted,  an   amendment  to   Section   4  of  the   subject 
"Pavements,"   being  general   paragraph   number  250   of 
said  proposed  charter,  as  follows: 

"Except  the  cost  of  intersections  and  of  the  paving  in 
front  of  exempt  property,  which  is  to  be  borne  entirely 
by  the  City,  the  cost  of  original  pavements  shall  be  met, 
three-fifths  thereof  by  special  assessments  upon  premises 
included  in  a  special  district  to  be  constituted  of  the  lands 
fronting  upon  that  part  of  the  street  or  alley  so  paved  or 
to  be  paved,  and  two-fifths  of  the  cost  thereof  shall  be 
borne  by  the  City." 

(304)  Sec.  5.     Said  proposed  amendment  shall  appear 
on  the  ballot  below  the  submission  of  the  charter  and  the 
form  of  submission  shall  be  as  follows : 

Instructions — A  cross  ([x])  in  the  square  (|  [)  before 
the  word  "Yes/'  is  in  favor  of  the  amendment,  and  before 
the  word  "No,"  is  against  the  amendment. 

(80) 


Shall  Section  4  of  the  subject  "Pavements"  of  the  pro- 
posed charter,  which  reads  as  follows:  "Except  the  cost 
of  intersections  and  of  paving  in  front  of  exempt  prop- 
erty, the  entire  cost  of  original  pavements  shall  be  met 
by  special  assessments  upon  premises  included  in  a 
special  district  to  be  constituted  of  the  lands  fronting  up- 
on that  part  of  the  street  or  alley  so  paved  or  to  be 
paved,"  being  general  paragraph  number  250,  be  amended 
so  as  to  read  as  follows :  "Except  the  cost  of  intersections 
and  of  the  paving  in  front  of  exempt  property,  which  is 
to  be  borne  entirely  by  the  City,  the  cost  of  original  pave- 
ments shall  be  met,  three-rifths  thereof  by  special  assess- 
ments upon  premises  included  in  a  special  district  to  be 
constituted  of  the  lands  fronting  upon  that  part  of  the 
street  or  alley  so  paved  or  to  be  paved,  and  two-fifths  of 
the  cost  thereof  shall  be  borne  by  the  City." 

n  YES 


n  N° 

(305)  Sec.  6.     If  this  proposed  charter  be  adopted  by 
the  electors,  and  said  amendment  be  also  adopted,  then 
said  amendment  shall  become  a  part  of  the  charter  and 
shall  be  inserted  in  the  place  of  Section  4  under  the  sub- 
ject "Pavements,"  general  paragraph  number  250,  as  now 
found  in  this  proposed  charter. 

SCHEDULE 

(306)  Sec.  1.     This  charter  shall  be  submitted  to  the 
electors,  for  their  approval  or  rejection,  at  the  general 
election  to  be  held  November  3>  1914,  and  if  approved 
by  the  electors  it  shall  take  effect  on  the  ninth  day  of 
November,   1914,   for  the   purposes  of  registration   and 
primary  elections  and  the  election  of  a  Mayor  and  four 
Commissioners,  and  for  all  other  purposes  it  shall  take 
effect  on  the  first  day  of  January,  1915.     The  Common 
Council  and  Recorder  shall  take  the  necessary  steps  to 
provide  for  the  first  registration,  primary,  and  election 
under  this   charter,   and   in   accordance    therewith,   and 
where  the  "City  Commission"  is  mentioned  in  this  charter 
it  shall  mean   the  "Common   Council,"  and  where   the 
"City  Clerk"  is  mentioned  it  shall  mean  the  "Recorder," 
insofar  as  any  proceedings  are  concerned  which  are  to  be 
taken  prior  to  January  1,  1915. 

(81) 


(307)  Sec.  2.     All  ordinances  and  resolutions  of  the 
Common  Council,  not  inconsistent  with  this  charter,  shall 
remain  in  force  until  altered,  amended  or  repealed  by  the 
City  Commission.    All  local  acts  or  parts  of  acts  contra- 
vening the  provisions  of  this  charter  or  inconsistent  there- 
with are  hereby  repealed. 

(308)  Sec.  3.     The  term  of  office  of  all  elective  and 
appointive  officials  of  the  City,  except  the  Supervisors, 
Treasurer,  Police  Judge,  Justice  of  the  Peace,  Constables 
and  School  Inspectors,  holding  under  the  charter  which 
this  charter  supersedes,   shall   terminate   December   31, 
1914,  at  midnight,  except  that  those  officials  whose  offices 
are  continued  under  this  charter  shall  continue  in  office 
until  their  successors  have  duly  qualified.     The  term  of 
office  of  the  present  Supervisors  shall  terminate  on  Jan- 
uary 31,  1915.     The   present  Treasurer,    Police    Judge, 
Justice  of  the  Peace,  Constables  and  School  Inspectors 
shall  continue  in  office  for  the  term  for  which  they  were 
elected  or  appointed.    Provided,  that  a  vacancy  after  De- 
cember 31,  1914,  in  any  of  said  offices,  except  School  In- 
spector, shall  be  filled  by  the  City  Commission. 

(309)  Sec.  4.     The  form  of  ballot  on  submission  of 
this  charter  shall  be  as  follows : 

Instructions — A  cross  ([x])  in  the  square  ([""])  before 
the  word  "Yes,"  is  in  favor  of  the  charter,  and  before  the 
word  "No,"  is  against  the  charter. 

"Shall  the  proposed  charter  drafted  by  the  Charter 
Commission  elected  on  April  6, 1914,  be  adopted?" 

BYES 
NO 

Jackson,  Michigan,  July  29,  1914. 
By  Commissioner  Lutz: 

Resolved,  That  the  foregoing  proposed  charter  as  pre- 
sented at  this  meeting  of  the  City  Commission  be  and  the 
same  is  hereby  adopted  and  that  the  foregoing  proposed 
amendment  be  submitted  with  said  charter. 

I,  Clifton  H.  Vedder,  Recorder  of  the  City  of  Jackson, 
and  clerk  of  the  Charter  Commission,  do  hereby  certify 
that  the  above  resolution  was  presented  at  a  meeting  of 
the  Charter  Commission  held  on  July  29th,  1914,  on  mo- 
tion of  Commissioner  M.  S.  Lutz,  supported  by  Com- 
mission L.  B.  Trumbull,  the  same  was  adopted  by  the 
following  vote: 

(82) 


Yeas:     Messrs.  Butterfield,  Cook,  Horton,  Lutz,  Rich, 
Schmid,  Trumbull,  Walz,  and  President  Glasgow — 9. 
Nays :     None. 

Absent:     Messrs.  Badgley  and  Lombard — 2. 
Dated  July  29th,  1914. 

CLIFTON   H.  VEDDER, 
Recorder  and  Clerk  of  the  Charter  Commission. 

ALBERT  J.   MORTON, 
LYMAN  B.  TRUMBULL, 
FORREST  C.  BADGLEY, 
GEORGE  W.  LOMBARD, 
O.  F.  SCHMID, 
EMANUEL  G.   COOK, 
IRVING  B.   RICH, 
WILLIAM  J.  BUTTERFIELD, 
CHARLES  W.  WALZ, 
BENJAMIN  J.  GLASGOW, 

M.  S.  LUTZ, 

Charter  Commissioners. 
Approved  July  31st,  1914. 

(Signed)     WOODBRIDGE  N.  FERRIS, 

Governor. 

I  hereby  certify  that  this  charter  was  finally  filed  in 
my  office  on  the  thirty-first  day  of  July,  1914. 

(Signed)     CLIFTON  H.  VEDDER, 

Recorder. 


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